PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Exchanged contracts, then found out house was contaminated with asbestos

Options
asbestosguy
asbestosguy Posts: 3 Newbie
edited 10 August 2018 at 6:45AM in House buying, renting & selling
Hi, i have problems with an house i'm buying, i'd viewed the house, all looked ok modern brick buiding with out dated kitchen/bathroom, i was going to refurb and update the fittings while living there, i exchanged contracts, then went to have a look round the outside the next day as it was empty, i got talking to the woman across the road who informed me the house was wood frame and asbestos, the brick was just built in front of the old building to join two extensions buit in the 80'S.

I contacted the estate agents who contacted the seller, who said the bungalow had been rebuilt on a new footprint around the existing structure and removed, i got survey done that confirmed what the woman had said the existing contaminated buiding was still there, they said walk away too expensive to repair.

I had a meeting with my solicitor, i told him i didn't want go ahead an complete, he told me i'd loose my deposit, have to pay there legal cost and a bit of interest, as i'd already paid the deposit that was the bulk the remaing would be around 2k, i'd already informed the estate agents of the results of the survey as they phoned me while i was driving to the solicitors office, i expect they passed on the info to the seller.

I asked the solicitor should we contact them to inform them i won't be going ahead and offer to pay the expenses and settle, he said no let them try to complete on the date and when it doesn't they will try 10 days later, then settle. This was two weeks ago, i'd just about come to terms with loosing my deposit.

I received a phone call from the solicitors office yesterday, i'm Mr A, i will be handling your file Mr X is on holiday, you should get a survey done if your worried, i told him i'd got one done and i wasn't going through with purchase, he tried talking me into it, i told him there was no way i was going to complete, he told me along with there legal fees they may also try to recover any future difference in the price of sale may be 100 to 150k, i told him if that happens i will go bankrupt as i'm not borrowing money to buy a contaminated house, he then said we should write to them to negotiate and made an appointment for me to go over the details of the letter.

So whos advice is correct the first solicitor thats on holiday or the solicitor now looking after the case.

I know one thing i will never go ahead no matter what happens, should i send the sellers solicitor an email to say i'm not going to complete as the house is contaminated with asbestos, short ans sweet, don't know what to do now with change of solicitor who doesn't really know the facts he got the property address wrong and didn't know i'd had a survey done, What should i do i need help.....Thank you for reading my post
«134

Comments

  • haras_nosirrah
    Options
    Oh dear.
    Could you get an asbestos company around to check if the property is safe or can be made so.

    The time for getting the survey was before you exchanged but hindsight is a wonderful thing.

    It may be cheaper to buy it and sell it on yourself (or rent it out if the surveyor confirms it is safe but you still don't want to live there)
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Doozergirl
    Doozergirl Posts: 33,813 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Options
    I think you need some proper advice on the asbestos from a specialist and quotes to fix it. The surveyor won't have been able to provide a genuine price.

    The surveyor may well have told you to walk away, but by rule most people have surveys before exchange, at a time when they are able to walk away relatively unscathed.

    This is more than just losing a deposit. Simply digging your heels in is not going to limit the damage.
    Everything that is supposed to be in heaven is already here on earth.
  • anselld
    anselld Posts: 8,281 Forumite
    Name Dropper First Post First Anniversary
    Options
    The second Solicitor is correct in that the damages for which you may be liable in failing to complete the contract may well exceed the deposit.

    However, you do need to get a Solicitor you have confidence in because a bunch of people on the internet are not going to be able to resolve this. Your best hope is probably to get you Solicitor to go through the documents and hope to find some material deception in the vendor's replies to enquiries.
  • asbestosguy
    Options
    The house is not mortgageable the surveyor siad, no one will lend on it so i cannot borrow the money to buy it no matter what the seller does i cannot go ahead, i will have to look into going bankrupt, the money i had went for the deposit, my tenancy is up at the end of this month so will have to move no matter what, things don't look good.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    Combo Breaker First Post
    edited 10 August 2018 at 7:34AM
    Options
    did you really exchange before you had a survey done? Wow.
    How did you reach the point of being able to exchange without a mortgage survey having been done?

    yes, potentially the vendor can sue you for more than just your deposit...
    the seller issues you with a notice to complete, giving you X days to do so.
    you refuse
    the seller, as the "injured" party therefore has the right to "rescind" the contract and claim compensation
    compensation can include "the difference between the sale price under the rescinded contract and if it is less, the eventual actual sale price together with additional marketing costs etc."

    to defend aginst that you ought to have a specialist asbestos survey carried out detailing the precise costs of any works required
    also of course if the property is as bad as you think then that would presumably affect its mortgageability and thus, to an extent, its value.

    you will need to be prepared to counter any claim and to do that you will need reports from professionals who understand they may end up in court defending what they said.

    http://www.hip-consultant.co.uk/blog/failure-to-complete-following-exchange-of-contracts-123/

    * EDIT I note you claim the property is unmortgageable. On that basis its value should be less than you offered so the chance of them securing a sale at a price higher than your offer is slim. But until you have the reports done that is just speculation.
  • Doozergirl
    Doozergirl Posts: 33,813 Forumite
    Name Dropper Photogenic First Anniversary First Post
    edited 10 August 2018 at 7:38AM
    Options
    You're talking about borrowing money to buy it - so what was the result of your mortgage survey? What did they think it was built from? If they've made a grave error then their surveyor may have some questions to answer.

    You should also go through the SPIF and answers to enquiries made with a fine tooth comb.

    It should be a different solicitor that you deal with, I'm pretty sure, as it moves from conveyancing to litigation. Clearly, it won't be included in your original quote for a hassle free sale and you will be liable for your own additional fees as well - in excess of £200 an hour where I am - another good reason for not just point blank refusing to complete. The solution needs to be more creative and you need to work with people.
    Everything that is supposed to be in heaven is already here on earth.
  • haras_nosirrah
    Options
    Doozergirl wrote: »
    You're talking about borrowing money to buy it - so what was the result of your mortgage survey? What did they think it was built from? If they've made a grave error then their surveyor may have some questions to answer.

    You should also go through the SPIF and answers to enquiries made with a fine tooth comb.

    It should be a different solicitor that you deal with, I'm pretty sure, as it moves from conveyancing to litigation. Clearly, it won't be included in your original quote for a hassle free sale and you will be liable for your own additional fees as well - in excess of £200 an hour where I am - another good reason for not just point blank refusing to complete. The solution needs to be more creative and you need to work with people.

    It depends if he had a survey or a valuation.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • haras_nosirrah
    Options
    Do you have a mortgage offer you can draw down?
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • asbestosguy
    Options
    It sounds like it will get very expensive in professional fees, money i will never get back, i'm not going to sink another penny into this, they can sue me for anything they want, i will declare bankruptcy, i don't have the money my savings have virtually gone, just got enough to pay my current legal fees then i'll have to sack my solicitor, i'll be sleeping on a friends sofa at the end of the month.
  • kazwookie
    kazwookie Posts: 13,842 Forumite
    Name Dropper First Anniversary Photogenic First Post
    Options
    Why did you not have the survey before exchange?

    How have you managed to get a mortgage before a survey or was it a MIP

    Whole thing is most odd.
    Breast Cancer Now 2022 100 miles October 100 / 100miles
    Sun, Sea

    2024 7/28 lbs to go.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards