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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:
Whenwillthisbeover · 14/08/2020 11:35

Havent read all the thread but DS biught a house last May, the flat roof on the extension was also end of life and the sellers put a new roof on it as part of the agreement. Their roofer put the guarantee in DS's name.

Assume the house had a new roof on two years ago, that guarantee would still be in your name and couldn't be changed so I am not sure what the problem is. It's a new roof, they buy the house without a guarantted room but with visibility that it has been changed or they dont.

RB68 · 14/08/2020 11:37

It is common that guarantees don't transfer even on boilers and the like as the guarantee is provided to the person purchasing (The person who contracted) the work not all and sundry. It is possible to purchase indemnity against it failing but I would push that back to the purchaser - you have provided receipts and evidence of the work by (hopefully) reputable trader, you have done your bit. Now its down to them. This is why its usually better to negotiate reduction on house price and get work done for yourself rather than getting vendor to do it.

Kick back to your solicitor to respond in this manner. They are trying it on in my view

Zaphodsotherhead · 14/08/2020 11:42

Again, just another question - if guarantees are non-transferrable, then what is the point of the solicitor needing to see all the paperwork? (As I said, no mortgage company involved). Whether the doors and windows were properly fitted by a registered company with guarantees would make absolutely no difference to them being fitted by a cowboy outfit with tinfoil and second-hand glass if the guarantee is worthless to a new owner?

tara66 · 14/08/2020 12:11

Buyers should have told you before the work was done what it was they required - not telling you after. It is their own fault not letting you know. Had you known you would have got someone to guarantee work for buyer for x number of years.

MaggieFS · 14/08/2020 13:04

Do you know if it's actually going to be that much if a big deal? As you've said, they're getting a better roof that what they agreed to purchase, so once it's pointed out that the guarantee is non transferable, they've done what they can by asking the question, but it's probably a non-issue?

Original poster
FlarRoof · 14/08/2020 13:20

@MaggieFS

Do you know if it's actually going to be that much if a big deal? As you've said, they're getting a better roof that what they agreed to purchase, so once it's pointed out that the guarantee is non transferable, they've done what they can by asking the question, but it's probably a non-issue?
I'm hoping that they don't make a big deal about guarantee. I know the buyers have asked estate agents about having a guarantee for the roof , but they haven't as yet made it a condition of continuing with purchase. I have asked our solicitor to check where we are at with sale. I will therefore soon know if the buyers are going to insist on having a guarantee for new flat roof.
OP posts:
Pobblebonk · 15/08/2020 09:09

Have you asked your solicitor about this specific problem? I'm sure they or someone within the firm will have come across it before and will know how to deal with it.

Original poster
FlarRoof · 15/08/2020 10:40

@Pobblebonk
I will do this next week and see what they say.

OP posts:
Mildura · 17/08/2020 10:53

I'm not really sure there are many options here.

Roofer won't give a transferable guarantee.

Buyers surveyor has seen the new roof and presumably deemed it to be satisfactory.

I can't think why a mortgage lender would have issue with the lack of guarantee.

The buyer isn't getting a guarantee in their name, which they need to either accept or move on.

It's not something you can indemnify against.

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