Vendor doing work after exchange

Jcakes · 16 April 2017 at 11:29PM

Hi All,

New to these forums & after a bit of advice as feeling very stressed over house move.

On Friday exchanged on property that is being sold & also on property that we are buying with completion date in 2 weeks.

Today drove past property that we are buying & noticed a skip on the drive that appeared to have building materials in there. Upon driving around side of house discovered that the vendors have cut a hole out of the side wall going around the property & have erected some sort of wooden gate. It seems that this has been done the last day or two so after exchange. Surely they are not allowed to make any changes to the property after exchange. Also we have now insured the building so wouldnt we be liable for any damage.

When we first viewed the property in Feb the estate agent mentioned they were planning on doing it if they hadn't decided to sell & no mention has been made of it since. I just find it strange that they would go to the expense of doing it given they had sold the house.

Are they allowed to do this or can we insist they rebuild the part of the wall?

Many thanks in advance for any advice.

The_Real_Cheddar_Bob · 16 April 2017 at 11:45PM

are you aware of your solicitor requesting work to be completed before the sale? or are they correcting any work they had that contravened planning?

Cakeguts · 16 April 2017 at 11:52PM

I would suggest that you contact your solicitor on Tuesday.

Jcakes · 17 April 2017 at 12:01AM

There was no request for work & it isn't a case of putting something right as before it was just a wall running around side of house. The estate agent mentioned they were planning on knocking down part of the wall & putting in a gate at the side (there is already a gate at top of garden) if they were staying there.

We offered on the house in Feb & it hasn't been mentioned or isn't stated in any paperwork that they were still planning on going ahead with it. I could understand if they did the work then but to do it after exchange seems odd.

Davesnave · 17 April 2017 at 2:11AM

Would this gate assist them with getting furniture out of the property?

That's the only logical reason I can imagine for them being motivated towards work involving the expense of skip hire.

Some people will do almost anything to avoid re-building the more complex pieces of IKEA furniture!

smallholdingsister · 17 April 2017 at 7:26AM

It isn't a right of way that they had blocked?

Davesnave · 17 April 2017 at 9:13AM

smallholdingsister wrote: »

It isn't a right of way that they had blocked?

If exchange has taken place, OP ought to know of any RoWs.

I know 'ought to know ' isn't the same as 'knows,' but OP is savvy enough to be checking-out post exchange and posting here, so my money is on knowing.

But we didn't answer the question. That's a "yes" to being able to insist on reinstatement of the wall, as the house should be as viewed, barring the odd ding on the walls from furniture removals etc.

If I were the OP, I'd be gathering evidence like screenshots/ Street Views showing the wall as was. I'd also speak to the vendor, but presumably they felt uncomfortable with that, in which case the solicitor should be involved tomorrow.

iammumtoone · 17 April 2017 at 9:22AM

First question to consider is do you want a gate where they seem to be putting it? would a gate there irritate you? or be useful for you?

When is exchange? do you think the work looks like it will be completed by then? worse that having something installed you didn't want is having something half finished.

As above speak to the solicitor first thing but before you do, make sure you have decided what you want doing about it, ie put back to normal whatever, the right to inspected it before completion to make a decision if it will be useful to you, that the work has been done to a good standard etc.

societys_child · 17 April 2017 at 9:27AM

Is it possible the work had been started after you viewed but before exchange and the vendor feels he should complete it?

Jcakes · 17 April 2017 at 9:56AM

No ROW issue & have pictures of the wall pre exchange. We were told in Feb the vendors were planning on doing the work & before exchange I assume they can do what they like to the house. The fact that there is a skip there & piles of bricks lying by the now gate I've made the assumption that they have only just done the wor, therefore after exchange. The vendors were not home so couldn't speak to them direct.

If the work is done properly & to a good standard then would probably be happy to keep the gate as better access through that gate to take bins out etc. For the part of the wall where they have put the gate the wall was originally built further back from the property boundary (think due to pipework that would have to grant access too if ever an issue). Therefore in this space they planted, trees, bushes & a shed so basically the gate currently opens up into a bush but would give you access to a shed. They would therefore have to clear the area & make a proper pathway out onto the main pavement. Otherwise they have knocked part of a wall down & put a gate in then doesn't fit any purpose.

Seems a lot of expense & hassle for a house you will be moving out of in less than 2 weeks. Im now also worried that they could be doing other work in the house that we are not aware of.

Taken long time to exchange due to the difficult buyer buying current property so was very excited last week when finally exchanged but this now puts a dampner on it all. Don't think I will ever move agai.

Davesnave · 17 April 2017 at 10:02AM

Jcakes wrote: »

I assume they can do what they like to the house.

Did you mean to write that?

It's certain that they can't.

PLEASE READ BEFORE POSTING

Vendor doing work after exchange

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