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Original poster

House sale fallen through and 8 months pregnant

66 replies

Pepperwand · 27/03/2019 12:26

Posting for traffic as really need some perspective.

We were in a chain of three, with us in the middle. We accepted the offer on our house within a week of it going on the market back in January and were due to exchange this week. Our buyer has just pulled out on advice from her solicitor at the eleventh hour as we can't provide the FENSA paperwork for when the windows were replaced in our current house. This is because they were done by the previous owners, about 15 years ago and we don't have any access to that paperwork. Our solicitor is hopping mad and says we wouldn't be obliged to provide it anyway and that she basically thinks our buyer's solicitors have scared our buyer off.
The house we're buying is a new build in the same area we currently live and is due to be completed next month, right when I go on maternity leave. I can't see them holding on for us to start the house selling process all over again and I'm just so upset. I'm 8 months pregnant and have just been crying all morning about this.

I suppose I'm asking what you would do in this situation or if anyone had had similar happen and can tell me there is light at the end of the tunnel? We're fortunate in that our current house isn't something that we feel forced out of, we do have a bedroom for the baby and a garden if we stay so it's lot like we're in some poky 1 bed flat but I suppose I've just been dreaming about the bigger house and better schools in the area of town we were moving to.

I'm so torn as to whether to put our house back on the market immediately as it sold so quickly originally and pray that the new build developers hold on for us or we can find something else or just forget the whole thing, concentrate on baby and think about it further down the line.

Sorry for the brain dump, I've been a bit of a mess this morning and needed to vent!

OP posts:
BlackSatinDancer · 27/03/2019 12:50

It doesn't sound like a valid reason considering the windows are so old. The windows are probably out of any guarantee period anyway.

They may have another reason for pulling out. Perhaps they've found one they like better?

RosiePosies · 27/03/2019 12:52

Our vendor couldn't provide paperwork for the new windows - she took out indemnity insurance and it really was a non issue!!!! Has your solicitor suggested this to you at all? I think it cost her about £150

RosiePosies · 27/03/2019 12:54

if they defo still want to pull out, would your sellers hang on for a bit whilst you find a new buyer?

LIZS · 27/03/2019 12:55

Even 15 years ago it should be on the fensa register. Indemnity insurance should be fine but you can't use it if you know for definite they were not covered. Was it not among the paperwork when you bought, or is there a policy already in place to pass on?

HeadsDownThumbsUpEveryone · 27/03/2019 12:55

They may have another reason for pulling out. Perhaps they've found one they like better?

Then why not just be honest. Yes the OP is heavily pregnant and stressed but I'm sure she would rather their buyers were honest so she knew where she stood. If it really is just an excuse then she's wasting her time and the agents time to present the option of indemnity insurance when she could instead be looking for a new buyer and remarketing the property.

Jenasaurus · 27/03/2019 12:56

I wonder if your buyer got cold feet purchasing so close to Brexit and the uncertainty that surrounds it and was looking for a reason to pull out. Not fair on you at all but so odd to do it a week before you exchange. Sorry for you Opn

BlackSatinDancer · 27/03/2019 12:56

Put yours straight back for sale and just ask your Vendor if they will hold on. I can't see why your Vendor will want to lose the sale. Anyway yours may sell again very quickly. Ask a new buyer for yours to use the same solicitor as you to cut down on time taken for sale to go through.

TokyoSushi · 27/03/2019 13:00

That sounds like they were looking for a reason not to proceed.

Come and join us on the 'Sellers Rollcall' thread, we have lots of advice & tales of woe on there.

I personally am currently homeless and in week 32 of the most horrific house move known to man!

Userisi · 27/03/2019 13:01

I was going to suggest part exchange too (if you're not doing help to buy as you can't do both)

You may not lose your reservation fee, we dropped out of a new build just before exchange for personal reasons and they gave us back our £500, I was really surprised but it was given back no questions asked.

fingernailsbitten · 27/03/2019 13:06

GO ON WEBSIRE FENSA.ORG.UK

you can order a replacemnet certificate or if the windows were done 15 year ago and don't have a FENSA cert then the conveyancing solicitor can purcashe lack of FENSA (Building Regulations) Indenity insurance for about £50-70 one off premium. It is not a difficult one to overcome.

Any news today?

fingernailsbitten · 27/03/2019 13:08

www.fensa.org.uk/fensa-certificate

Chloemol · 27/03/2019 13:13

If it’s a new build will they consider part exchange?

fingernailsbitten · 27/03/2019 13:15

Estate agents can generally sniff out a buyer who gets the wobbles. It does happen. Might be a rocky relationship that has made the buyers uncertain of whetehr to buy together at this time. I'm a conveyancer and we hear all sorts of reasons, most of which are geniune. Speak to your developer and see what they say. They migth wait. the market ios not particularly high at the moment (blame Brexit issues). The developers could perhaps talk to you about part exchange. Larger developments will probably be able to offer you part exchange. Smaller developers less so. Take your time. You have ample space for the new arrival. You're all going to be busy enjoying the new baby and perhaps this is some guardian angel's way of telling you not to move just yet. Let it play out (if you can take your mind off it). Moving is very stressful and I've found that the worrying does not change a thing.I've been worrying for my conveyancing Clients for 25 years now!!!! That's a lot of worry!!
All the best. XX

bigKiteFlying · 27/03/2019 13:18

We have indemnity insurance for bit of missing paper work - our solicitor said it was covered.

I did know someone in a new build who had similar issue - builders were looking into some kind of part exchange deal then another buyer popped up and it all went through for them.

I'd get EA to get you back on the market as soon as possible and think about talking to builder see what kind of time frame they can give you.

EchoCardioGran · 27/03/2019 13:20

Another buyer of a property with indemnity insurance. I think perhaps they are using lack of FENSA as an excuse to pull out.
If I were in your situation I would put the property back on the market asap. Good luck to you OP Flowers

fingernailsbitten · 27/03/2019 13:21

Have a look at this FENSA site. The replacement costs approx £12 . If you postcode and door number reveal no FENSA entries then the windows do not have FENSA registration. 15 year old windows are not the be all and end all. the buyer must surely know that most houses need replacement windows or the owners WANT replacemnts after 15 years. It is 'wear and tear'. Missing doc for 15 year old windows occurs regular as clockwork. Buyers are seemingly looking for an excuse. Don't wait for the buyer. If they want the house they'll say so.

House sale fallen through and 8 months pregnant
Becks2019 · 27/03/2019 13:24

When I bought my property the seller didn’t have the FENSA certificates from the previous owner so he offered to pay for Indemnity insurance and the solicitor was fine with that. If I remember correctly it was relatively cheap. I’d suggest that and hopefully you can still complete and move in time. Good luck!

ThePants999 · 27/03/2019 13:26

Just want to say I'm so sorry for you - what an absolute idiot of a buyer you had, I can't imagine a sillier reason for pulling out. Where was your estate agent in all this? They should have been talking some sense into the buyer...

GabsAlot · 27/03/2019 13:31

sounds like an excuse to pull out

will the new develpers do an exhange at all?

Tara336 · 27/03/2019 13:45

@Pepperwand I work for a FENSA registered installer. You can call FENSA and order a replacement certificate for your address if it was registered. Solicitors tend to want to check boxes and FENSA does not always apply which they can’t always grasp. If the Windows were fitted before 2002 you won’t have to provide a certificate and if the installer wasn’t registered with FENSA there just won’t be one it should not stop the sale though.

RocketPockets · 27/03/2019 13:47

Are you sure they were registered with FENSA? Our windows are registered with CERTAS and we just had to buy replacement certificates as they had been misplaced/sent to wrong address.
I'm sure FENSA do the equivalent and you can pay for replacement certificates if they're in the register.
We had a similar issue although our buyer backed out for an unknown reason, we were lucky enough to get a new buyer the day we went back on the market & the house we are buying was still available!

Notthatsimple · 27/03/2019 13:49

So sorry for you. I agree with others that it’s likely a BS excuse from your buyer, who has actually just changed her mind.

We’ve had the chain under us break up twice. Our estate agent is a bit of a wannabe detective and she seems to enjoy tracking down the buyers who’ve pulled out and extracting real answers from them! She’s only actually involved in the sale of our house, and we don’t even care, but she’s all over it Grin

Does the agent of the house you’re buying know your situation yet? Would they be prepared to wait for you to find a new buyer?

OR. Something we’ve considered. Would you sell at auction? The price might be slightly lower than private treaty (we would set a reserve at what was an acceptable discount to us), but you get certainty over timescales.

LondonJax · 27/03/2019 13:59

I just did a check on our house and the FENSA certificate link mentioned above shows certificates going back to 2004 so they'd definitely be on there if the windows were registered.

The link again is www.fensa.org.uk/fensa-certificate

StillMe1 · 27/03/2019 14:00

There seems to be a lot of this around just now.
Thankfully I am not pregnant, nor am I dependant on the money from the sale to fund a purchase. (I am not making another purchase at this time)
It is very stressful though and damaging areas of my physical health and doing absolutely nothing for my faith in house buying and selling and the "professionals" we have to deal with in the process.

CornishMaid1 · 27/03/2019 14:01

I think it is being used as an excuse.

It is not uncommon for clients to not have the paperwork. a FENSA certificate is to confirm the windows were installed in compliance with building regs - for windows since 1st April 2002 you either have to have a compliance certificate or have proper building regs.

The first step is to check with FENSA to see if they have a certificate listed (you can do it on the website). If it is there you can get a duplicate and you are sorted.

If there is not one listed, check with CERTASS as well - they are another scheme that cover installations so it could be under that instead.

If neither have a certificate, there are two options. The first is retrospective building regs (but will take ages).

The second is an indemnity policy which will cost a few hundred pounds at most.

It is easy to overcome, so it does seem like something else might be in the way.