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  • FIRST POST
    • smish
    • By smish 16th May 19, 7:38 PM
    • 11Posts
    • 2Thanks
    smish
    Asbestos survey after exchange?
    • #1
    • 16th May 19, 7:38 PM
    Asbestos survey after exchange? 16th May 19 at 7:38 PM
    I'd appreciate any pointers, similar stories and, fingers crossed, helpful solutions to a rather complicated issue.

    We are selling and buying. Our sale is ahead and we've agreed a completion date with our buyer after a tricky negotiation - we gave them some money off in return for an extra few weeks to try to tie our sale to our purchase. The completion date agreed is 14th June.

    They are in a chain and are moving out of their home in the gap between their sale and purchase completing and we don't feel we can ask them to extend that at all (without giving more money off which we can't afford).

    Our purchase was going along OK. However, the surveyor identified a number of problems, among them possible asbestos here there and everywhere.

    We have hired an asbestos surveyor and the plan is to either request a reduction from the vendor for any work required or, if it's really bad, pull out and look for something else.

    We'd hoped to have the survey done today however the tenant living in the property is understandably concerned about safety and has insisted this happens after they vacate on 5th June. We need to exchange by the 7th.

    We've rescheduled the asbestos survey to 6th June but their report will take two working days... With exchange due on 7th and completion on 14th it was always going to be tight but now it's seriously problematic.

    The reduction we gave to our buyer essentially used the budget we'd set aside for renting and the extra removals costs if we couldn't get the sale and purchase to join up, so we really want to find a way to keep them linked if at all possible. We also have a delicate cat who won't appreciate being moved twice!

    We do feel caught between a rock and a hard place.

    Does anyone have any experience of such things? Any nifty ideas about how we could make this work?

    We understand that the limitations are that the bank and solicitor need one week to draw down funds and the solicitor says we should get all surveys done before exchanging on our purchase.

    Thanks for reading and thanks in advance for any thoughts you have.
    Last edited by smish; 16-05-2019 at 7:46 PM.
Page 1
    • Alter ego
    • By Alter ego 16th May 19, 7:43 PM
    • 2,622 Posts
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    Alter ego
    • #2
    • 16th May 19, 7:43 PM
    • #2
    • 16th May 19, 7:43 PM
    Survey after exchange is pointless, you would only discover what YOU need to do and pay for.

    Listen to your solicitor!
    Loose means not tight, Lose means something is lost, simples no?
    Ignore me if you like, it's not the real me anyway.
    • AdrianC
    • By AdrianC 16th May 19, 8:02 PM
    • 23,453 Posts
    • 22,491 Thanks
    AdrianC
    • #3
    • 16th May 19, 8:02 PM
    • #3
    • 16th May 19, 8:02 PM
    AFTER exchange?

    At exchange, you are both contractually bound to everything agreed - including price. By all means, have an asbestos survey after exchange, so you know what's there for sure - but you might as well have it after completion.

    BTW, you do know that the surveyor's "OOoh, there might be asbestos" is generic backside-covering on anything that's not so newly built the paint's still wet, right?
    • AnotherJoe
    • By AnotherJoe 16th May 19, 8:03 PM
    • 14,937 Posts
    • 17,964 Thanks
    AnotherJoe
    • #4
    • 16th May 19, 8:03 PM
    • #4
    • 16th May 19, 8:03 PM
    A survey after exchange is pointless if its purpose is to enable you to ask for money off or pull out.

    You will have to exchange later (after the survey results) and possibly complete later depending what the seller says in response to your changed price. It doesn't help that your vendor is a chancer LL with a tenant there until the last minute. It seems they will be moving out, but what's Plan B if they haven't ?
    Please dont criticise my spelling. It's excellent. Its my typing that's bad.
    • smish
    • By smish 17th May 19, 5:47 PM
    • 11 Posts
    • 2 Thanks
    smish
    • #5
    • 17th May 19, 5:47 PM
    • #5
    • 17th May 19, 5:47 PM
    I was hoping people might have ideas and information I didn't already have. This is my fourth purchase, I'm 50, and it's the first time I've wanted to investigate an issue but have been unable to do so until after the planned exchange date.

    I know a survey after exchange is pointless form the point of view of negotiating a discount - that's exactly the conundrum I'm facing. I wonder if some of you read the full message or if you just responded to the title?

    Anyway, in case it's helpful for anyone else reading this, my partner and I have decided that we'll propose a fairly steep reduction to the seller on the basis that we can't know for sure whether there's asbestos or not until we get the report and as we can't that until after the planned exchange date we will have to accept the risk and the potential costs and disruption involved in that. The other options we considered seriously were to pull out or delay exchange and completion on our purchase (we can't delay any longer on our sale) and swallow the cost of moving twice and renting. These last two options are worse so we hope the vendor will agree to our reduction –!I'll update once we get a response.
    Last edited by smish; 17-05-2019 at 5:52 PM.
    • AdrianC
    • By AdrianC 17th May 19, 5:49 PM
    • 23,453 Posts
    • 22,491 Thanks
    AdrianC
    • #6
    • 17th May 19, 5:49 PM
    • #6
    • 17th May 19, 5:49 PM
    Anyway, in case it's helpful for anyone else reading this, my partner and I have decided that we'll propose a fairly steep reduction to the seller on the basis that we can't know for sure whether there's asbestos or not
    Originally posted by smish
    To which the vendor will say "Not a hope, mate, but I'm happy to hold off on exchange for a few days to get the report in."

    Ball back in your court.
    • societys child
    • By societys child 17th May 19, 6:02 PM
    • 6,257 Posts
    • 7,294 Thanks
    societys child
    • #7
    • 17th May 19, 6:02 PM
    • #7
    • 17th May 19, 6:02 PM
    my partner and I have decided that we'll propose a fairly steep reduction to the seller on the basis that we can't know for sure whether there's asbestos or not
    Are there any bodies under the patio . . have you asked?

    • staffie1
    • By staffie1 17th May 19, 6:12 PM
    • 1,633 Posts
    • 1,328 Thanks
    staffie1
    • #8
    • 17th May 19, 6:12 PM
    • #8
    • 17th May 19, 6:12 PM
    There are countless houses of a certain age with asbestos. So what? Any future building works should be done with care by a qualified builder.
    If you will the end, you must will the means
    • ratechaser
    • By ratechaser 17th May 19, 6:30 PM
    • 594 Posts
    • 510 Thanks
    ratechaser
    • #9
    • 17th May 19, 6:30 PM
    • #9
    • 17th May 19, 6:30 PM
    Are there any bodies under the patio . . have you asked?
    Originally posted by societys child
    Or dogs?
    • smish
    • By smish 17th May 19, 6:34 PM
    • 11 Posts
    • 2 Thanks
    smish
    OK. Not digging the vibes here. Was looking for help from people with experience not a load of mansplaining and arseyness. I'll leave you to your troll den.
    • correll
    • By correll 17th May 19, 6:43 PM
    • 75 Posts
    • 44 Thanks
    correll
    It is my understanding that you can exchange and complete on the same day - so even if contracts are pushed back you may be able to keep completion date
    • SG27
    • By SG27 17th May 19, 7:04 PM
    • 2,722 Posts
    • 1,917 Thanks
    SG27
    When was the house built? If it was anywhere between 1950 and 2000 then there probably is asbestos here there and everywhere. Our 1960s semi we just finished renovating had loads of asbestos. It was in the artex, some of the plaster board walls, the kitchen ceiling, old boiler flue, old boiler itself, roof verges, water tanks were the main ones. None of it caused any problems. Most of it we just skimmed over.

    Another thing to consider is that all surveys on a house of that age will add the standard " xx xxx....may contain asbestos you should instruct a specialist survey" it doesn't mean the house is riddled with it. Just the surveyor covering themselves should it be found later.
    Last edited by SG27; 17-05-2019 at 7:08 PM.
    • MX5huggy
    • By MX5huggy 17th May 19, 7:05 PM
    • 4,183 Posts
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    MX5huggy
    What sort of Asbestos survey are you getting ?

    I would ask for a visual only survey no samples taken so no minuscule risk to the tenant. Then you will know if there are any potential ACM’s and what the are.
    • shortcrust
    • By shortcrust 17th May 19, 9:06 PM
    • 2,359 Posts
    • 3,744 Thanks
    shortcrust
    OK. Not digging the vibes here. Was looking for help from people with experience not a load of mansplaining and arseyness. I'll leave you to your troll den.
    Originally posted by smish
    Bit of an overreaction. You canít blame people for pointing out the obvious.
    • diggingdude
    • By diggingdude 17th May 19, 9:44 PM
    • 953 Posts
    • 1,278 Thanks
    diggingdude
    If you expect to get a discount you need that report today. Even then good luck
    House owner as of 27.3.2019
    • smish
    • By smish 20th May 19, 12:58 PM
    • 11 Posts
    • 2 Thanks
    smish
    What sort of Asbestos survey are you getting ?

    I would ask for a visual only survey no samples taken so no minuscule risk to the tenant. Then you will know if there are any potential ACMís and what the are.
    Originally posted by MX5huggy
    Thanks. It's a management survey so samples will be taken. We thought a visual survey probably wouldn't be any better in giving us certainty than the original home buyers survey which just pointed out that the textured ceiling could be asbestos.
    • foxy-stoat
    • By foxy-stoat 20th May 19, 1:28 PM
    • 4,630 Posts
    • 2,743 Thanks
    foxy-stoat
    I have read your opening post;

    Your main point is to get an asbestos survey done with a view to reduce the price or pull out - this cannot happen after exchange if you want to avoid huge legal costs and lose your deposit - but you know that already as you have bought and sold properties before.

    So either delay the exchange by a day or 2 or dont use the survey to reduce the price or decide to pull out.

    Unless the ACM's are damaged then there would be no reason to pull out of the sale if there is asbestos found and if I was the vendor I wouldn't entertain a price reduction just because there is asbestos in the property.
    • lincroft1710
    • By lincroft1710 20th May 19, 1:43 PM
    • 11,995 Posts
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    lincroft1710
    As so many houses have an Artexed ceiling(s) which contains asbestos, it would be unusual if asbestos is not found.
    • SG27
    • By SG27 20th May 19, 2:06 PM
    • 2,722 Posts
    • 1,917 Thanks
    SG27
    We just skimmed over our artex ceilings. No problems.
    • AndyTails
    • By AndyTails 20th May 19, 3:12 PM
    • 135 Posts
    • 151 Thanks
    AndyTails
    Thanks. It's a management survey so samples will be taken. We thought a visual survey probably wouldn't be any better in giving us certainty than the original home buyers survey which just pointed out that the textured ceiling could be asbestos.
    Originally posted by smish
    The textured ceiling could contain asbestos? That's easy then - don't bother with the survey, just buy the place anyway. Ignore the possibility of small amounts of asbestos in your ceiling - they're not going to cause you any problem. Just skim over them.

    Even if you did decide to take them down, the type of asbestos used in artex isn't likely to cause any medical issues unless you're working with it consistently for 20 years. People get needlessly scared about asbestos - it's a massive overreaction.
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