Are the sellers and solicitor being CFs?

[HesSpartacus]

DH and I are currently in the middle of selling an old farmhouse in the far SW of the UK - it’s our old family home but a couple of years ago all our parents died within a short period and we used our inheritances to buy a new home nearer a good secondary. The idea was to keep our home and rent it out till we could retire there.

However, renting has been a pain - there seems to be issue after issue which is really stressful - we have had enough and are now selling to our tenants.

However - we have just had a letter from our solicitor. The tenants want to test for asbestos and also test for mundic (unstable concrete) in a small area of the house and their solicitor has suggested we pay half for this. Can anyone think why this might be, or are they trying it on? I can’t think of any benefit to us from this!

Also, the solicitor suggesting all this testing acted for us when we bought the property ten years ago. He didn’t suggest any of these tests back then. Do we have any recourse if they turn up positive and devalue the house?

[lastqueenofscotland]

Mundic testing is very very standard in the south west, most mortgage companies will insist on it. If you don’t pay they might try and renegotiate which is the risk

[HesSpartacus]

Thanks - the block area is tiny (one wall measuring 2m x 1.5m), but it seems they have gone ahead and tested anyway, pretending to be the homeowners as you need homeowner permission to run any tests.

I think they have answered my CF question - we are now preparing for them to ask for lots of money off the asking price regardess of the results, at which point it will go back on the market.

[PanamaPattie]

Don’t pay a thing. As buyers, you would expect them to do a survey - including asbestos and mundic testing at their own expense.

[Butterymuffin]

I can't think why you'd pay either. Tell the solicitor that.

[RainingBatsAndFrogs]

They should pay for any surveys and tests they want done, and you should allow it.

If you then want a second opinion in the face of any reduction of the offer, then you pay.

Their Survey or Mortgage co probably suggested this. I don't think it is your solicitor's fault if it wasn't suggested when you bought.

[Itscoldouthere]

Selling to current tenants will mean they already know about any problem/possible problems that exist in the property.
They are covering themselves by checking out things that may be costly to repair, I don’t think they are being CFs.
They may want to reduce their offer, but that’s reasonably standard, people often do this after surveys.
It obviously up to you to decide if you want to negotiate or put your property back on the market, but other possible buyers may also check out these things and may also ask for reductions.

[Itscoldouthere]

Sorry didn’t realise they were asking you to contribute to pay for the surveys. No they should pay.

[Movinghouseatlast]

Munich tests are asked for by the mortgage company, not the solicitor.

When I bought my house (18th century cottage!!!!) the mortgage company insisted we got one, which we paid for.

I am selling at the moment and the buyers mortgage company haven't asked them for a test so there hasn't been one

[Movinghouseatlast]

Munich!! Mundic obviously.

If it has got Mundic of course you will have to give money off. It will also be unmortgageable.

[HesSpartacus]

Thanks all - they are cash buyers, so no mortgage problems. We'll see.

To be honest, they have been really annoying tenants and buyers - asking for builders for allsorts constantly. I'm not sure we've ever had a clear 3 week period without them emailing the agents with something they want done - and when a tradesman turns up, they try and persuade them to do extra jobs so the agency had to give anyone visiting special instructions to get in, do what's on the work sheet then get out asap...

They recently tried to get us to do some work that, as they accidentally confessed to our lettings agent, was something that had been flagged in their survey as a possible future job. The agency cancelled it. I do get the feeling they are trying to get us to do up the house using our cash - we rented for years and I really try to be a very responsive landlord so our tenants are happy, but now think that they are taking the mick.

[Itscoldouthere]

Well they do sound like chancers, hope you have agreed a good price with them.
Hopefully they won’t try and pull any fast ones just before exchange, just keep in mind what a PITA it would be for them if you decided to not sell to them, they would have to find somewhere else to live it would be very disruptive and they are obviously attached to the house to want to buy it.
We sold last summer just after lockdown and our buyers asked for a £20,000 reduction, the market was rather uncertain then and we gave in and accepted the reduction, by the time we completed in July they had also saved £15,000 on stamp duty and the market had gone bonkers.
We felt our moment of weakness was stupid (we had other offers) and we regret giving in, I’m sure they would have bought the house without the reduction, if only we had stuck it out.

[HesSpartacus]

Thanks itscoldouthere. It makes sense for us to sell as the constant complaints and stream of bills from tradesmen was giving me anxiety and we could do with the money as we have twins going to Uni in September. But we are not exactly forced sellers so we have choices - I'll remember your advice when exchange looms! The house is in Cornwall so I don't think there will be a shortage of buyers. Covid seems to have changed people's minds about where they want to live.

The agents (who have had enough of their constant calls also) keep telling us they could find new tenants asap if we changed our minds. I just feel sad that something that should have been a lovely life changing gift from our parents has turned into a stressy nightmare!

[Trethew]

My daughter is in the process of buying a house in Cornwall. Mortgage company require a Mundic survey which costs 400.00. The vendors are paying half. She didn’t ask, it was what they offered/suggested. Maybe the vendor is required to produce it in the same way as they have to pay for an EPC?

Unrelated, but along similar lines. My son has a flat in Essex he is hoping to sell this year. The EA has told him he will need to get a cladding safety certificate at his own expense. The flat is totally built of brick. There is no cladding anywhere. But EA insists he must pay for a certificate. I smell a scam here.

[Itscoldouthere]

@Trethew I thought part of the problem was there aren’t enough people qualified to do the surveys required for the certificates, this is leading to massive delays, I also thought that all flats in building over a certain number of floors would now need said certificate regardless of construction type (but can’t remember how many floors).

[netstaller]

It sounds like the renters have been a pain in the arse and very entitled, they've been taking the mic. Not all renters are like that. It also sounds like they've worn you down into selling your house to them. Why not keep the house and get a tentant that's less hassle? They sounds extreme.

[DespairingHomeowner]

I’m selling a flat, the buyers mortgage company requires fire & asbestos checks, I pushed back but apparently it’s statutory and my cost...
Was not asked for when I bought 10 years ago as apparently regs have tightened/ rules of different lenders I suppose (I’m using same solicitor again too so did query!)

If they are cash buyers, it’s not a lender requiring it but them so I would say their cost.

[Loofah01]

Just think about when it's all behind you. We had a place that had a few shite tenants and ruined the 'experience' for us so we sold it, much happier now.
Just tough it out through the selling process, which sucks, and don;t pay anything you're not obliged to.

[HesSpartacus]

We finally sold! I think the estate agent gave them what-for in the end (especially after the illegal test incident) and they bought for asking price. I hope to never hear anything from them ever again!

[HerNameIsIncontinentiaButtocks]

Congratulations!