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How long is reasonable to wait for seller to respond to query

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Silian
Silian Posts: 165 Forumite
edited 21 October 2018 at 8:29PM in House buying, renting & selling
We are in the process of buying a house but our bank has declined lending on the property due to its construction type (timber) and because it is next to the river.

Our mortgage broker (and another one that we asked to help) approached most of the other lenders but none of them will be willing to lend on it either.

We also appealed the decision and the bank agreed to reconsider if the seller provides some information (exact construction of house and flood information). We forwarded this to our solicitor who forwarded it to the seller's solicitor.

This was 2 weeks ago. When I raised my concerns about how long it was taking to get a response with the agent I was told to keep on chasing my solicitor (which I've been doing without any success).

When we made our offer it was agreed that we would complete before the end of October as the sellers are moving into a new built. Our solicitors only just received the draft contract so that is not likely to happen.

So: How long is normal for a query to make its way via the solicitors? Can I chase the agent more as I was under the impression that it is part of their job to ensure that the process runs smoothly? Does this spell long delays for the rest of the process as well (It took 3 weeks for the draft contracts to be issued and over 2 weeks (and counting) for us to receive a response to a simple query. Will there be loads of other queries)?
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  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    Not clear exactly what "exact construction of house and flood information" you're expecting the vendor to have - do you know that they have such information?
  • Silian
    Silian Posts: 165 Forumite
    edited 22 October 2018 at 3:21PM
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    davidmcn wrote: »
    Not clear exactly what "exact construction of house and flood information" you're expecting the vendor to have - do you know that they have such information?
    Sorry, I didn't want to make my post too long so abbreviated. The bank wants to know the exact construction type of the house (what it's made of). The seller have this as it was a self build.

    They also want to know when the property was last flooded and if all repairs were done. Something else the sellers have as they have been the only owners
  • ReadingTim
    ReadingTim Posts: 3,970 Forumite
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    What's "reasonable" is neither here nor there - you can set them any deadline you see fit. The question is, what are you going to do if they don't meet that deadline?
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    1: you can check flooding in the area with some simple google searches - yes that doesn't answer the exact question; but it would help you make a decision.
    2: A surveyor should've have provided the build type in their report - did you not get a survey?
    3: it may well be that you simply cannot buy this property. The lender is unlikely to change their mind given the facts as you've presented them.


    Are you on a deadline to move?
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Silian wrote: »

    When we made our offer it was agreed that we would complete before the end of October as the sellers are moving into a new built.

    Agreeing dates is easy. Achieving them is something else. Perhaps the new build completion date is delayed. Hence the stalling tactics.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    Silian wrote: »
    The bank wants to know the exact construction type of the house (what it's made of). The seller should have this as it was a self build.
    When was it built? If not too long ago then the relevant consents ought to be on the council's website (or otherwise available from the council).
  • Silian
    Silian Posts: 165 Forumite
    edited 22 October 2018 at 3:36PM
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    A quick update: Turns out that the sellers were unaware that their side was slowing the process. They contacted us directly as they were concerned because they haven't heard anything for a while.

    We explained the situation and they will hopefully now chase their solicitors. They are elderly though so it might still take a while.

    I do feel a bit sorry for them as I think that they are unaware that we don't stand a chance of closing end of October - I did not however feel that it was my place to point this out to then.
    Comms69 wrote: »
    1: you can check flooding in the area with some simple google searches - yes that doesn't answer the exact question; but it would help you make a decision.
    2: A surveyor should've have provided the build type in their report - did you not get a survey?
    3: it may well be that you simply cannot buy this property. The lender is unlikely to change their mind given the facts as you've presented them.


    Are you on a deadline to move?

    Edit: sorry, this is what happens when you try to keep things short. You leave out valuable information like the fact that you already know the answers to the questions :o - the bank wants it to come from a solicitor before making a final decision (I assume people are less likely to lie to a solicitor?)

    The property has not flooded since the denver channel was built and before that only the garden flooded (as the property is raised). We are more than happy with that risk but I appreciate that it is ultimately the bank's decision.

    The valuation was less than satisfactory and only said that the construction type is unsuitable for lending and that there is a possible flood risk. The reason why we challenged it is because Halifax will lend on timber frames - we were possibly just unlucky with our surveyor. The construction is well thought out with a cedar frame, air gap, vapour barrier, insulation, another vapour barrier, cedar frame, hardie planks cladding.

    We are once again happy with the construction (I like the idea of living in an eco house - even the windows are those fancy windows that keep the heat in during winter and out in summer) and while I appreciate that it is up to the bank to decide, I do have to wonder why they see something so well constructed as a risk while happily lending on a badly constructed bricks building (like our current house).

    We are not in a super hurry to move but the uncertainty is getting to us. We were hoping to be in our new house by Christmas (as we will have family visiting us and we don't have space for them currently) and we want to start our house hunt asap again if needed. But... this is purely impatience and (even if it feels like it will) the world won't end if we don't get it sorted soon :D
  • Silian
    Silian Posts: 165 Forumite
    edited 22 October 2018 at 3:19PM
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    davidmcn wrote: »
    When was it built? If not too long ago then the relevant consents ought to be on the council's website (or otherwise available from the council).
    1990 and extended in 2002. The sellers complained that they wanted to do it in bricks but planning permission would only give them planning for timber - this means they did get planning permission.

    I did check the council's site but could only find current planning permission. I'll check again - even though the bank asked for information from the seller's solicitor this could help to convince the bank.

    Edit: It does not look like this information is online but I'll contact the council. Should I ask for planning permission or building regulations (or both?)
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Silian wrote: »
    They contacted us directly as they were concerned because they haven't heard anything for a while.

    Isn't the EA earning their fee? Their role is to keep all parties informed.
  • Silian
    Silian Posts: 165 Forumite
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    Thrugelmir wrote: »
    Isn't the EA earning their fee? Their role is to keep all parties informed.
    Yep, I think that is the main source of my frustration - each time I've contacted the agent they have told me to chase my solicitor (instead of asking the seller to chase his).

    I'm not sure why - the seller is in an even worse position than me as they will (most likely) only be able to sell to a cash buyer if we can't get a mortgage. I would have expected a higher degree of urgency and willingness to assist from the agent and the seller (altough now that I know the seller wasn't even aware that it was still with them I am less annoyed at them :) )
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