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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU: To ask Cheeky fucking vendors to pay for half of survey.

103 replies

Ibiza2015 · 25/10/2019 22:40

Put an offer in on a property a few weeks ago. Ticked every box, loved it, immaculate inside. Vendor bought it in 2007 as a BTL. We noticed they’d had it on the market in 2011 and 2012 too and it had not sold. The explanation they gave for 2011 was that their daughter became pregnant so she moved in. The 2012 time there was vague mumblings about personal issues.

Anyway we sent in surveyor costing over £600. the report is basically the worst survey ever. The entire roof needs replacing immediately, pointing, potential woodworm, EPC rating of F, no insulation, rotting joists underfloor, evidence of movement in the house’s fabric (it could not be insured because of that) and the double whammy of being built on clay soil in an area with many underground ex mine shafts which exacerbate movement of the house.

It’s riddled with damp and total treatment and damp proofing and insulation is needed. Surveyor said lack of insulation meant central heating would need to run 24/7 to prevent damp. It needs complete rewiring, there are led pipes sourcing drink water to the house. The attic conversion doesn’t meet building regs an the roof isn’t being supported and is leaking. The bath upstairs has not had the floor underneath reinforced do the kitchen ceiling is bowing and the bath will eventually fall through. The ‘garden’ is actually a fenced off bit of a communal car park which belongs to a neighbour who could ask for it back any time. It’s also got poorly completely decking that means the garden floods. The heating and ventilation are issues, air bricks needed. The chimney is bowing and the Tudor style woodwork on the outside is rotten. It’s also ludicrously, ludicrously over priced. They’ve priced it as though it’s a completely pristine house with no issues. Even if all the necessary works were done I still don’t think the value of the house would exceed the money spent to repair it.

Obviously we’ve withdrawn the offer. But I can’t figure out why they’d have the house on the market and invite people to spend their money on surveys that they must have known it couldn’t possibly pass. So we’re £640 out of pocket.

And here’s the rub: the vendor contacted us to ask for a free copy of the survey we paid £640 for. My husband took the call, his first instinct was to say yes but he’d run it by me first I said no fucking way, we paid a lot of money. So he fobbed them off with an excuse about data protection.
Later the estate agent rang and said they wanted a copy of the survey ‘to warn and help other customers so they are aware of all the issues’. Clearly that’s a load of bullshit because no Estate Agent ever in the world tried to get a sale based on a dossier showing them how crap the house is. We think the vendors had asked her to try and get it out of us.

I think they set us up a bit. They must have known that house was never going to pass. They knew they were pissing our money up the wall. The only possible reason I could think that they did this is because they knew the house has lots of problems and wanted to find out which were the important ones surveyors would pick up on to fix. Only they didn’t want to pay for the building inspection so they waited until Muggins here came along and paid for it and then expected a freebie.

Now AIBU because I want to go back to the agent and say if they want a copy they can pay us £320 (half the cost) for it.

DH wants to just forget it or to give them a copy purely because our money has gone now and if we don’t give them the survey they’ll do the same to some other poor sap.

So AIBU or is he?

OP posts:
PaulHollywoodsSexGut · 26/10/2019 05:26

Please ask for 100% and settle at 50

onthecoins · 26/10/2019 05:38

We had almost EXACTLY the same situation in 2014, but plus Japanese knotweed. The house basically needed bulldozing and rebuilding.

We told them they could have it if they reimbursed us the cost of the survey.

HouseworkAvoider10 · 26/10/2019 05:53

Yes ask for 100%.
Accept 50%.
Do not give it to them for free.
Cheeky bastards.

Bluerussian · 26/10/2019 05:53

I wouldn't blame you for trying to get the money out of that dreadful woman and her 'people'. Unfortunately I don't think you'll get it.

If you can find a legal aid solicitor (if you qualify for legal aid), someone you can trust, she/he will try to find information and then weigh up whether it is worth your while suing.

It would be really nice - that's an understatement - if you did sue and won substantial damages! Plus you gave other people the confidence to speak out.

I wish you all the very best whatever you decide to do.
Wine

ivykaty44 · 26/10/2019 06:24

We had similar 22years ago

Got survey done on house, lead pipes, asbestos etc etc

It’s nit a case if passing or failing, we weren’t prepared to do the work and the value of the property was 18% lower than the house had been valued for sale by the estate agent

We walked away and estate agent wanted a free copy of survey wed paid £450 for... no you can but it if me and guess what .....they didn’t want to spend any money

Starstar7 · 26/10/2019 06:38

Were none of these issues at all visible to yourself?

Beveren · 26/10/2019 06:39

Bluerussian, legal aid isn't available for this sort of claim.

Sunshinelollipops1 · 26/10/2019 06:47

@Bluerussian they can’t sue the vendors. They wouldn’t get legal aid for this type of case anyway.

At the stage she was at there was no contract between them and so she’s got no cause of actions.

This is one of the joys of English Conveyancing law, until you exchange you literally have no cause of action. So you can spend a fortune and the vendor can pull out with no risk before exchange.

OP I’m almost certain the surveyor will have a clause in your contract saying you can’t give or sell on. Send them the details of the surveyor and they can get their own report.

thatmustbenigelwiththebrie · 26/10/2019 06:58

Meh. I'd just give them the survey. Like your husky says, the money has been spent now.

thatmustbenigelwiththebrie · 26/10/2019 06:58

Husband. Not husky!

Winteriscomingfast · 26/10/2019 07:03

You don't pass or fail a survey. It is for information and you make decisions based on that information.

mrpickwick · 26/10/2019 07:22

It's frustrating but I agree with your husband to let it go. You have to think that you have saved many thousands plus all the worry. The vendors can't just walk away. They live with this house everyday. Yes they are sneaky but , and I'm not excusing them, they are probably desperate. Next house you look at ignore the decor and look at the structure, the gutters, the roof, the window frames.

Billben · 26/10/2019 07:23

Meh. I'd just give them the survey. Like your husky says, the money has been spent now.

But that money could have been spent by the vendors not the OP. There is no way they wouldn’t have known about at least some of these issued so they could have paid for a survey themselves before and rectified the issues prior to marketing the property.

OP, if they want the survey that bad they can either hire a surveyor themselves or pay for your survey. End of.

Member984815 · 26/10/2019 07:27

Let them get their own survey done , don't give them any info

Beautiful3 · 26/10/2019 07:28

I would offer a copy for half the cost. Up to them how badly they want it. I wouldn't ask for full price as they'd just do it themselves.

AlternativePerspective · 26/10/2019 07:34

I would just tell them no. Chasing the money is pointless at this stage, there’s not a chance you’ll get it. And in truth this is just the reality of house selling/buying, and as irritating as it is, the survey is there to pick up on this stuff so you can make your decision accordingly.

In the agent’s defence (and I am reticent to give any credit to estate agents as a general rule) they likely didn’t know what the survey held either. They will just have gone round taken pictures, measured up and then given a price accordingly. They’re not obliged to e.g. look up in the loft etc.

As you say it looked perfect on sight it will have to them as well. Although given quite how many issues there were I’m surprised that none of them were visible?

BlueJava · 26/10/2019 07:35

I'd offer a copy for 1/2 the cost too - but no way would they get that for free! Sounds like you dodged a bullet though, what a nightmare.

ThomasRichard · 26/10/2019 08:03

I’d be both helpful and stick my fingers up at the CF vendors by listing out all the issues and emailing them to every estate agent in town. Then they’re all aware and have to inform potential buyers if the vendor tries to sell through them. Ha. Not much you can do about PurpleBricks and the like though.

I’d then go back to the original EA and offer to sell the CF vendors a copy of the report for slightly less than you paid for it.

CalamityJune · 26/10/2019 08:08

I think there's no harm in recouping some of your money. It was bad of them to do this but they surely must be desperate to get out of there. Maybe theyre hoping they can sell to a builder.

longearedbat · 26/10/2019 08:15

Not what you are asking, but I am another one who is amazed you didn't spot any of these problems yourself, in fact you say it is immaculate inside. However your survey says there is a leak in the roof and terrible damp. Surely there must have been some sign?

Cloudyyy · 26/10/2019 08:24

So frustrating!! We were in an almost identical position before we bought our current house - our then EA actually said the survey report was the worst he’d ever read! What I can’t understand is how the vendors and EA don’t already have a copy though??? Ours was sent directly from the surveyor to all 3 parties at the time which is apparently standard practise? In our case, the vendor immediately offered to lower the price by a small amount and we said we wanted a series of experts in the quote for the work (which included a damp expert, a timber expert etc) and they agreed to pay for those reports themselves. After seeing those reports we had to pull out as it was clearly going to cost too much to fix.

AfterSomeAdvice1234 · 26/10/2019 08:25

Fairly common to sell the survey to the vendors - we did! But definitely sell it instead of just giving it away, it belongs to you.

Cloudyyy · 26/10/2019 08:26

Also to those asking why OP didn’t notice, I have to say that the property we offered on also appeared in mint condition. We found out they’d been repainting the living room walls just before each of our three viewings amongst other things. Awful!

notthemum · 26/10/2019 08:43

No way would I let them have it. I don't believe that they didn't know about the problems so if they really want it they can either give you £500. As you've wasted time and money on this or they can fuck off and get their own survey done.
Sorry for anyone else they manage to trick but that's not your problem.

RB68 · 26/10/2019 08:48

you have spent 640 to save thousands in the cost of the property and the repairs. The money wasn't pissed up the wall.

But yes CF to ask for free copy, charge 640 its what they would have to pay elsewhere