• This topic has 23 replies, 17 voices, and was last updated 11 years ago by csb.
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  • Selling a property advice, what would you do?
  • ski
    Free Member

    OK, first, sorry for a long post, I have a family member who is selling her property, she has found a buyer via an estate agent and the buyer has been round viewing the property on a number of visits.

    Offer has been accepted and a simple survey has been conducted by the buyer three weeks ago, all fine and dandy so far.

    The property (UK) has never flooded and has never needed drain work, so this is what she has stated on the buyers question doc (sorry dont know what its called).

    No dates fixed for move and no exchange of contracts done as yet.

    Now the property is an old farm workers cottage (very nice property), with a stand alone brick garage at the opisite side of the drive.

    In the last week, due to all the rain, two inches of rain water flooded the garage floor, but not the property.

    She as you can imigine has gone to bits about this, called in a drainage expert, who confirms there is a blocked drain, which will need fixing, grating across the front of the garage and digging up part of the drive to fix the blocked/dammaged drain.

    Here is my question….

    She wants to get the above work done, so the property is sorted for the new owner, but she is not planning to tell the buyer about the work she is planning to have done?

    Is this a big no no?

    How would you approach this if you were the seller of the property?

    Ta.

    wwaswas
    Full Member

    if it’s just making good a blocked drain I’d just get the work done.

    if the drainage had been ok there wouldnt; have been a flood?

    nealglover
    Free Member

    Get it done, no real need to tell the buyer.

    Drains block, you unblock them and they work again, no big deal.

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    FunkyDunc
    Free Member

    Are houses not sold as seen?

    If they do not find any problems before they sign on the dotted line, then anything found after is their problem ?

    Personally I would do nothing, if the new owner happens to pass by again before the sales goes through just say its never happened before (which it hasnt) its then up to them if they want to take it further.

    Edit : To posts above though, it doesnt sound like unblocking a blocked drain if half the drive has to come up! Not cheap either

    Rickos
    Free Member

    Just get dyno-rod out. If it’s never flooded before why bother with the grate along the front and digging up the drive? Did ‘drainage expert’ suck his teeth before telling her all of that?

    sharkbait
    Free Member

    Personally I would do nothing

    This. It’s just one of those things. Leave it and sell as is.

    martinhutch
    Full Member

    She answered the questionnaire honestly at the time she answered it. In the current climate (!) it would be folly to disclose a relatively minor event like this, particularly if she discreetly gets the work done to remedy it.

    As others have said, if it’s a blocked drain, fix the drain, don’t dig up half the drive.

    ski
    Free Member

    So how would you feel as a buyer if you bought a property and found work had been done like this after you had done the viewing/offer/survey?

    I don’t think I would be too happy tbh?

    MoreCashThanDash
    Full Member

    Funkydunc – “sold as seen ” – if the facts are different to the answers in the questionnaire then I would have thought you get into the realms of misrepresentation.

    If the drains have just blocked and she has them repaired, it may not need to be dislosed but I would get it checked by her solicitor and nor rely on STW barrack room lawyers.

    If the drains have proven to be inadequate for the current freakish rainfall, then that is a seperate issue and probably should be disclosed.

    daveh
    Free Member

    Answered the questionnaire honestly at the time. Problem subsequently occured and is being fixed. I can’t see a problem with this, in fact, I’d say its very fair and decent. Most people would just do nothing and pass the problem to the new owner.

    nealglover
    Free Member

    So how would you feel as a buyer if you bought a property and found work had been done like this after you had done the viewing/offer/survey?

    I would be happy that they decided to fix a problem that emerged after the offer was accepted.

    Rather than pretend everything is fine, and leave it for me to discover next time there is a lot of rain, and sort out at my expense.

    I don’t think I would be too happy tbh?

    You would rather arrange and pay for it yourself after you moved in ?

    Some people are strange.

    ojom
    Free Member

    What Nealglover said.

    bikeytom
    Free Member

    I agree with Rickos, a blocked drain shouldn’t require that much work. Try it with some draino before doing anything too drastic. How long has she been there without it happening before?

    ski
    Free Member

    nealglover – Member

    So how would you feel as a buyer if you bought a property and found work had been done like this after you had done the viewing/offer/survey?

    I would be happy that they decided to fix a problem that emerged after the offer was accepted.

    Rather than pretend everything is fine, and leave it for me to discover next time there is a lot of rain, and sort out at my expense.

    I don’t think I would be too happy tbh?

    You would rather arrange and pay for it yourself after you moved in ?

    Some people are strange.

    Sorry, forgot to mention, she is not planning to tell the buyer about the work being done, she is worried that they will walk away from the sale!

    Roots have dammaged and blocked the drain aparently?

    Cletus
    Free Member

    If she gets the work described done then surely it will be pretty apparent to even a casual viewer?

    I would make sure that a reputable company carries out the work and provides a guaruntee that is transferable to the new owners and then let them know via the solicitor.

    If the buyers live locally it is highly likely that they would notice any work being done as they will probably keep an eye on the property in the run up to completion. If they see the drive being dug up they will think WTF and would be likely to walk away.

    ski
    Free Member

    I would make sure that a reputable company carries out the work and provides a guaruntee that is transferable to the new owners and then let them know via the solicitor.

    Thanks Cletus, good advice, the new owner has spotted the drainage van on the drive and now wants a full survey doing before any work is carried out..

    onehundredthidiot
    Full Member

    And surely the buyer will need to get a survey done or one will have been done as seller if neither picked this up I’d say that what she is planning makes her the most honest vendor around.

    tonyd
    Full Member

    I’d be totally honest.

    The sale price was agreed based on what the buyer saw when viewing, and subject to surveys etc. While she probably has no legal obligation to do anything about (if it had happened after exchange of contracts I think this would be different) I think she has a moral obligation to at least get the drain unblocked and make good any damage caused in the garage.

    We’re currently looking for a house to buy and I find the lack of transparency and honesty quite disappointing to be honest. Personally I think this is down to the attitude of most Estate Agents rather than a failing in human nature in general, but that’s another story.

    Have your sister and her buyer actually had a proper conversation or has everything gone through the EA? If I were her the next time they want to view (measuring up etc) I’d tell the EA not to bother coming round, then make them a cup of tea and have a chat. Use this as an opportunity to tell them what’s happened and what she’s doing about it.

    As a buyer I would view this openness as a good thing, and it would make me more committed to the purchase.

    tonyd
    Full Member

    the new owner has spotted the drainage van on the drive and now wants a full survey doing before any work is carried out..

    IMHO an open and honest conversation before the drainage van arrived could have avoided this.

    ski
    Free Member

    tonyd – Member

    I’d be totally honest.

    The sale price was agreed based on what the buyer saw when viewing, and subject to surveys etc. While she probably has no legal obligation to do anything about (if it had happened after exchange of contracts I think this would be different) I think she has a moral obligation to at least get the drain unblocked and make good any damage caused in the garage.

    We’re currently looking for a house to buy and I find the lack of transparency and honesty quite disappointing to be honest. Personally I think this is down to the attitude of most Estate Agents rather than a failing in human nature in general, but that’s another story.

    Have your sister and her buyer actually had a proper conversation or has everything gone through the EA? If I were her the next time they want to view (measuring up etc) I’d tell the EA not to bother coming round, then make them a cup of tea and have a chat. Use this as an opportunity to tell them what’s happened and what she’s doing about it.

    As a buyer I would view this openness as a good thing, and it would make me more committed to the purchase.

    Agree, its not my sis btw 😉

    My first thought was she should contact the buyer and invite them round and explain, but she was worried it would kill the sale, so was up for just doing the work and not saying anything, this IMHO seemed wrong and if I was a buyer and this happened to me, I think I would be just a tad miffed someone had not contacted me first 😉

    Does anyone know where you stand as a seller, if you decide to change something with a property between offer and exchange?

    tonyd
    Full Member

    its not my sis btw

    oops, sorry.

    Does anyone know where you stand as a seller, if you decide to change something with a property between offer and exchange?

    No idea but nothing is legally binding until contracts are exchanged. If you make a change and the buyer doesn’t like it they’re quite entitled to pull out or try to re-negotiate. Sounds like the change in this case is an improvement though, so I can’t imagine they’d be too upset – back to the trust thing really.

    If she’d been open about this in the first place there’d probably be no issue. Now though the buyers might see it as an excuse to be unscrupulous, especially if they find out she’s worried about losing the sale.

    Tell her to get down the shop for some custard creams and get them round!

    oliverd1981
    Free Member

    Get it sorted, mention it to the buyers just after exchange of contracts and for christ’s sake don’t let the insurance company know!

    transapp
    Free Member

    This is really a none issue. If she gets the work done, then there’s no risk of flooding. No need to tell the buyers (would you worry if a pipe burst in the winter, you fixed all damage, and cladded the pipe so it wouldn’t happen again?). No insurance issue either, it’s a blocked drain!!
    However, if the buyer hasn’t paid for the full survey and don’t seem worried about whats obviously an old property, then I’d let the have it to worry about in the future… Then again I’m a shyster!

    csb
    Full Member

    That form saying whether there are drain issues, subsidence, a washing machine etc. is part of the sellers declaration of the state of the property as it is being sold. If things change, i.e. the drains do have a problem or they decide not to leave the washing machine after all, then the seller needs to update the form, or they could be sued for any losses that occur.

    Whether or not the buyer has an issue with a positive change like this is a different matter.

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