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Original poster

To ask for a price rededuction of house purchase?

87 replies

Whitescarf · 26/11/2018 16:31

Me and DP are currently trying to buy our first home, agreed purchase price of 228 for a three bed end of terrace.

Searches and reports from solicitor show a few problems - mainly:

  • there is shared access next to our garden, running behind ours and a few of the houses next to us. Previous owners moved their fence 1 metre into the shared access which is not on the deeds and we wouldn't legally own the area. We asked if they would have this put on the deeds before purchase however they refused, saying it's too small to put on there. This also wasn't mentioned when we viewed the property.
If in the future we had to move the fence back, we would have to knock down a shed and a summer house to do this, costing us money and time.
  • The original owners of the land the house is built on made agreements for no houses to be built on the land. The house was built after this and indemnity insurance was taken out to cover any loss as this is still enforceable, however the cover is not enough and the sellers do not want to take out new insurance to cover this.

Based on these, would we be unreasonable to ask for a price deduction or are they not that big of an issue?

We originally wanted to settle on 226 but they wouldn't go below 228 and said they would give us a few household goods for the 228 as well, so we settled with this, so I'm not sure they would even agree to a reduction!

Appreciate any replies

OP posts:
DeRigueurMortis · 26/11/2018 17:20

You need to speak to a solicitor and find out the level of risk and how to mitigate against them and what that would cost.

I'd then (assuming it's possible and risk is low) I'd ask for the costs of mitigation to struck from the price.

If they don't agree I'd withdraw from the sale - but I'd definitely look at the legal options first if you love the house and are in a hurry.

chocaholic73 · 26/11/2018 17:22

Your solicitor should be giving you advice on whether it is sensible to go ahead based on the information they have but indemnity insurance is not expensive and your sellers should be paying for it. Be careful re boundary issues though - your solicitor should be ensuring this is watertight before you buy the house.

BewareOfDragons · 26/11/2018 17:23

I'd walk away entirely with Sellers who wouldn't do basic things like alter deeds and buy indemnity insurance for you over such major issues.

Keep looking.

mamaslatts · 26/11/2018 17:24

Was this just flagged up by solicitors? I would not be able to trust sellers who acted like a metre of land belonged to them when it actually doesn't.

PattiStanger · 26/11/2018 17:27

You are perfectly entitled to reduce your offer but as others have said it's probably best to consider the other options too

SusieOwl4 · 26/11/2018 17:27

Your solicitor should definitely advise you on this . All seems a bit odd to me .

Miscible · 26/11/2018 17:29

I suspect most of this can be covered by insurance. Find out the cost of insurance that covers all eventualities, tell the sellers you expect a reduction of an equivalent amount or else you won't proceed.

Bluntness100 · 26/11/2018 17:30

Oh I understand, the previous owners claimed a metre of the shared access land.

Just get indemnity insurance for it, you're prob looking at twenty quid.

Penguinsetpandas · 26/11/2018 17:30

I would ask solicitors advice on this one.

It could well make property difficult to sell though. You could get a quote for indemnity insurance but the neighbours who moved fence into shared area could be difficult.

Mummyoflittledragon · 26/11/2018 17:32

I’d walk away as they’re not willing to fulfill basic legal obligations. This house should be considerably less than another house with no issues. Is it?

WoofWoofMooWoof · 26/11/2018 17:33

I would also walk away. Where I used to live a house was built opposite my house. They'd built it 1/2 m into the shared access between their house and the next. They were kicked out by the council as, because of the infringement, they weren't allowed to live there. Over the years there would be for sale signs, then sold signs, a week later a for sale sign etc. They weren't allowed to live there and they weren't allowed to sell. 18 Years later the house is still standing empty and they still own it, as nobody can get a mortgage on it or allowed to live in it.

Seriously, rather buy a house with none of the hassle. Being pregnant you really don't need the extra stress anyway.

Rudgie47 · 26/11/2018 17:35

The words End Terrace is enough for any sane person to walk away, never mind all the rest of the problems.

ittakes2 · 26/11/2018 17:39

If the current owners are happy to leave you with these situations - what else might crop up? Unless you are saying the house has been priced to take into account these situations.

BentNeckLady · 26/11/2018 17:40

It’s a no from me Confused

Run!

MrWolfknowsthetime · 26/11/2018 17:44

A price reduction won't actually help to solve either of these problems.

You need to speak to your solicitor about them, but tbh I would walk away.

Kintan · 26/11/2018 17:46

If you don't want to walk away, at least try asking to lower the price by the amount it would be to sort out the boundary issue, removing the shed and summer house etc. Surely any buyer would be spooked by these issues, and they must know that - so that could go in your favour.

Bluntness100 · 26/11/2018 17:46

Op, speak to your solicitor, I think you may be getting some poor advice. You should be able to get indemnity insurance for both issues and likely less than a hundred quid,

Bluntness100 · 26/11/2018 17:48

If you don't want to walk away, at least try asking to lower the price by the amount it would be to sort out the boundary issue, removing the shed and summer house etc

But if she gets indemnity insurance and it works out it needs fixing rhe cost isn't hers the insurance will pay out, for this one issue it's prob less than twenty quid,

Baking101 · 26/11/2018 17:50

Run away. It's not worth the hassle.

Penguinsetpandas · 26/11/2018 17:51

Is it the house you are potentially buying that has moved their fence 1 metre into shared land and built a shed etc on it - if that's the case I would walk away. Initially read it as another house had done that.

Evidencebased · 26/11/2018 17:53

I'd agree with Bluntness : check with your solicitor that indemnity insurance would cover both these issues.
A price reduction is neither here nor there.
If you've got reasonable sellers, they should be paying for the insurances.
If they're unreasonable, it's probably not going to be a sum worth losing a house over.

But legal advice is what you need, not internet randoms advice.

Original poster
Whitescarf · 26/11/2018 18:08

I'm just waiting for my solicitor to get back to me tomorrow on a couple of other issues as well.

I'll ask her tomorrow about the indemnity insurance and where we stand legally with the other issues.

Thanks for all the replies!

OP posts:
JustMarriedBecca · 26/11/2018 18:12

I'm a solicitor. Neither issue would put me off but I don't like their attitude to resolution of them. I'd make them adversely possess the land (ask your solicitor) and I'd make them get insurance for the indemnity. Otherwise I'd pull out.

BunsOfAnarchy · 26/11/2018 18:17

Had to show this post to my dad as hes a property expert in the family.Honestly OP dont make a mistake because you're in a rush.
You could run into some severe long term problems with a new baby. They could drag on for years.
Just pull out. They are also most likely not budging in the price because they know you're pregnant and will give in because you desperately want a home.
Dont do it.

Bluntness100 · 26/11/2018 18:22

Had to show this post to my dad as hes a property expert in the family

What's a property expert?

I don't particularly like their attitude either to be honest, but it's prob less than a hundred quid to deal with and quite frankly if we didn't buy from arseholes then there woild be sod all houses sold.