Source: The Telegraph |
For most of us purchasing a property will be the largest financial investment we will make in our lives. It is therefore essential that we know exactly what we are buying before we exchange contracts because it is at this point that a property comes into your legal ownership. At exchange of contracts the law assumes that you have made all of your enquiries and that you are fully aware of what you were buying. If subsequently you find problems with the property, then these problems become your responsibility to deal with (unless you feel that you have been advised inappropriately and that you can prove this). It is therefore advisable to be as thorough as you can be to establish the full extent of any issues with a property before you exchange contracts. A range of different surveys can be carried out during the conveyance process for which the inexperienced, particularly first time buyers often do not understand the purpose or scope of the range of different surveys available. For clarity, this article will consider conveyance in respect of a residential dwelling.
Source: Stringinfo |
I few years ago I bought and sold a property. The surveyor for the lender of the prospective purchaser of my former house reported damp problems and an issue with the chimney. A timber and damp survey was recommended (by the surveyor) with a £1000 retention sum for repairs to the chimney. The prospective purchaser tried to use this to negotiate a reduction of the purchase price, however as a Chartered Building Surveyor I knew that this was completely inaccurate and unnecessary. I tried to challenge this, however as it was not my lender (it was the purchasers of my house), I continually hit a brick wall. My purchaser became unnecessarily nervous about buying a house which they now thought was riddled with damp and with a chimney that was about to collapse! In the end, and to ensure that we did not lose the sale, through gritted teeth, I agreed to a £500 reduction, even though this was completely unnecessary. I am sure that many reading this will have similar experiences, which I am also sure is one of the reasons why some property transactions fall through at the last minute, which is extremely frustrating.
This demonstrates that lenders rely on the advice of ‘surveyors’ who carry out such a brief inspection that it is almost laughable, who then recommend further inspections and remedial works that are often not necessary. Remember, a mortgage lender’s survey is for the lender only and should not be relied upon by a purchaser (mainly for the reasons stated above), as a means of accurately assessing the condition of a property. A much more comprehensive inspection is therefore required and I would recommend that a Building Surveyor is instructed to undertake a full, comprehensive survey of a property prior to contracts being exchanged. Although this will have a cost attached to it, you will often find that a building survey will prove to be extremely cost effective as it will highlight possible defects/issues which can either be used to negotiate the sale price, or possibly allow the buyer the choice of pulling out of the sale, before contracts are exchanged. This is something I will discuss in my next article.
Author: Gary O’Neill
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