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AIBU?

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Original poster

Is Estate Agent being unreasonable?

84 replies

FlarRoof · 14/08/2020 07:19

We have got house on market and we have accepted an offer. Buyer has had survey done, sorted mortgage and all legal searches have been done. Almost ready to exchange.

During the period of waiting for sale to go through, flat roof failed (was 12 years old so at end of lifespan) . We have now replaced flat roof and are redecorating next week.
The buyer has asked us to provide a guarantee for the new flat roof. The roofer says he will issue a guarantee but it is for us and not transferable to the purchasers.
The estate agent says we need to get roofer to make guarantee transferable to our purchasers.

What if roofer won't agree to do this? Is Estate agent being unreasonable in demanding this?

OP posts:
Dazedandconfused10 · 14/08/2020 07:21

Go through your solicitors and ignore the agent. If need be the buyers can pay for indemnity.

Mildura · 14/08/2020 07:27

What use would an indemnity be in this scenario?

Original poster
FlarRoof · 14/08/2020 07:27

Dazedandconfused10
Thanks for this advice. This is exactly what I had been thinking of doing.

OP posts:
thecapitalsunited · 14/08/2020 07:46

Ignore what the estate agent says. What does your buyers solicitor say? They are the ones with the power to stop exchange not the estate agent. It could well be that your buyers mortgage company (the buyers solicitor works for the lender too) won’t consider the property adequate security without a guarantee on the roof.

Caterinaballerina · 14/08/2020 07:50

Yes your response to the estate agent should definitely be that you’ve passed this on to be dealt with between the solicitors.

Original poster
FlarRoof · 14/08/2020 07:51

@thecapitalsunited
We haven't had any conversations with the buyer's solicitor about it yet. I was just hoping to establish what is reasonable before asking our solicitor to liaise with buyer's solicitor.

OP posts:
Getoffmyhelicopter · 14/08/2020 07:52

While yes I’d say pass it through the solicitors - I sort of think the roofer is being unreasonable here. When there is say a boiler guarantee am pretty sure it gets passed onto the new owners.

Mummyoflittledragon · 14/08/2020 07:54

Had the flat roof failed 2 days after completion, it would have been unfortunate but their responsibility. They have a brand new flat roof and can get the only guarantee available. I would speak to your solicitor for clarification.

thecapitals
How would the mortgage company even know?

Mummyoflittledragon · 14/08/2020 07:55

Do the buyers even know about the replacement?

Thisbastardcomputer · 14/08/2020 07:55

I'd say a guarantee is a guarantee, shouldn't matter who lives in the house.

Original poster
FlarRoof · 14/08/2020 08:01

The buyers know about the replacement roof as we felt we needed to be honest. They would have found out on second viewing in any case as decorations ruined. I also told the surveyor when the survey was done. I needed to account for damage to wallpaper from leak which was evident when survey done.

OP posts:
Original poster
FlarRoof · 14/08/2020 08:02

@Thisbastardcomputer

I'd say a guarantee is a guarantee, shouldn't matter who lives in the house.
Ideally yes, but if the roofer won't agree, I have a problem.
OP posts:
MadeForThis · 14/08/2020 08:02

The roofer is unreasonable.

lovemakespeace · 14/08/2020 08:03

A quick Google suggests that some roofing companies provide transferable guarantees, but most commonly they don't. It massive limits their liability doesn't it to keep to the original owner?

I'd also speak to solicitor, and go back to the roofing contractor - you are in the position of selling your house right now so they are effectively saying they will offer a guarantee of a few weeks, which though might be their policy is very unreasonable.

If nothing comes from that you might have to draw your line in the sand. You've had the roof replaced. The contractor doesn't do transferable guarantees (not uncommon at all). Its brand new. They could insure it if the want. At the end of the day, they buy the house or not.

notheragain4 · 14/08/2020 08:04

Yes I think the roofer is being very unreasonable here!

BluebellForest836 · 14/08/2020 08:08

You could pay for an indemnity. When we bought our house the solicitors picked up on something that wasn’t guaranteed and they had to pay the indemnity.

BluebellForest836 · 14/08/2020 08:08

The roofer is being unreasonable thougj

eurochick · 14/08/2020 08:09

The estate agent works for you. He/she should have your back here and be telling the buyers to do one.

Original poster
FlarRoof · 14/08/2020 08:09

The roof was tested in the severe rain/thunder over weekend and house is as dry as a bone. I am confident the roofer has at least done a good job!

OP posts:
Mildura · 14/08/2020 08:10

@BluebellForest836

You could pay for an indemnity. When we bought our house the solicitors picked up on something that wasn’t guaranteed and they had to pay the indemnity.
What would someone be indemnifying against here?

Feels like the roofer is the unreasonable one here.

Original poster
FlarRoof · 14/08/2020 08:14

Thing is, there was no guarantee on old flat roof when buyers agreed price. Even without a guarantee, isn't the house now better than when they agreed to purchase it as it has a new roof ?

OP posts:
MaggieFS · 14/08/2020 08:14

The roofer is being annoying, but they can do that.

The EA needs reminding they work for you, but have probably assumed this is a simple thing and don't want to risk a delay at this stage so have jumped in.

The request needs to come via solicitor to solicitor. You can then provide your solicitor with the invoice and ideally written confirmation from the roofer that the guarantee is not transferable to pass on. Thereby you have done what you can and the ball is back in the court of the buyer as to what they wish to do next.

CallmeAngelina · 14/08/2020 08:15

I've often wondered what the use is of buyers' solicitors demanding copies of guarantees for, say, replacement windows, as it seems to be quite common for companies to refuse to transfer them.

Jessbow · 14/08/2020 08:18

You really should have made it clear to the roofer the 'circumstances' of the job- that is was as a result of a purchasers survey and needed to be transferable.

Let your solicitor deal with it

Pobblebonk · 14/08/2020 08:24

As I understand it, it's pretty simple and straightforward - you buy separate insurance against the roof failing for a defined period. Your solicitor should be able to sort this out quite easily.