AIBU to think the way we buy houses in England is madness??

[LiquoriceLilly]

Have spent months going through the whole complicated process of buying a house, surveys, searches, etc, and just as we thought we were approaching the end point, our solicitor flags up a massive legal issue with the property. Sellers were obviously absolutely aware of this the whole way through, and were clearly hoping it wouldn't come up. They've completely refused to do anything about it, and we've been forced to pull out of the purchase, causing delays all the way down the chain, losing all the money we've already spent, the usual.

Just been on Rightmove and the sellers have relisted the propety...absolutely no mention of this legal issue once again. AIBU to think the whole system allows these kind of shenanigans, and leads to wasted money and heartache for everyone involved? I'd love a system where you were presented a full portfolio on the property upfront, flaws and all, and could actually make an informed decision!

YANBU - it’s outrageous.

When we bought our first flat it was the 4th one we’d had an offer accepted on. All the rest the buyer had pulled out for no real reason.

We were FTB with large deposit and AIP ready to go. It was bizarre.

@Merryoldgoat

YANBU - it’s outrageous.

When we bought our first flat it was the 4th one we’d had an offer accepted on. All the rest the buyer had pulled out for no real reason.

We were FTB with large deposit and AIP ready to go. It was bizarre.

Oh yes, we've experienced this too! Luckily we hadn't forked out any cash at that point, but had a seller pull out because "they realised they didn't want to move". Surely that's the kind of decision you make BEFORE you advertise a house, allow viewings, accept offers, etc etc ?

What sort of legal issue?

Depends on the legal issue - something that's non negotiable to one person is big deal to another. We had a few hiccups with our house but accepted that the house was priced to take this into account

I want to know why there is no political will to change it. Scotland went to a home report done by the seller route, and I'm sure this was meant to be introduced in England (not sure about Wales?) too. Why was it pulled?

Oh gosh, we’re waiting for a date to exchange on our house and the whole process has had me stressed from start to finish. I just want to be in my new house ASAP and I’m hoping no last minute hiccups hold things up.

Totally agree. The searches and surveys should have to be done by the seller so they are all there upfront for whoever is interested. Then once you have had an offer accepted it should be legally binding. There is far too much faffing about involved and delays from things like searches being done. It would cut down the time it takes masses and stop people being able to mess people about.

We recently sold our FILs property to a first time buyer, was really straightforward but took way too long, especially now everything seems to be carried out electronically.

@Sammiesnake

What sort of legal issue?

Not very exciting, but kind of crucial! The house has a private water supply (it's in a remote location) which the owners agreed to pay an amount for to the local landowner who maintains the water supply. They've then not paid for the past 15 years. Solicitor has advised due to the way this was agreed, the landowner could pursue the new homeowners for the unpaid bills, charge a potentially unlimited amount to provide water moving forward, or cut the water supply off completely. Apparently it could be fixed relatively easily by the seller approaching the landowner, paying what they owe, and confirming the terms of water provision will continue with the house; which obviously they're not willing to do as they owe an absolute fortune at this point. No other practical options for a water supply available either.

As above. Totally depends on the issue. English property law is random and there is so much historical legacy around with documents that don't stack up to modern scrutiny. A couple of years ago we had someone pull out of buying our house because of a "major" legal issue. The next buyer /solicitor didn't even bat an eyelid. Risk is inherent in buying a house on all sorts of levels and people have different levels of risk apetite. Just the way it is. I agree that some vendors are sketchy but that's not always the case!

Cross posted. That does sound like a crap vendor! Very cheeky.

@Roominmyhouse

Totally agree. The searches and surveys should have to be done by the seller so they are all there upfront for whoever is interested. Then once you have had an offer accepted it should be legally binding. There is far too much faffing about involved and delays from things like searches being done. It would cut down the time it takes masses and stop people being able to mess people about.

This would be my dream! I wouldn't even mind paying the cost of the searches and survey as part of the cost of buying the house, it just seems ridiculous that we're expected to offer a price for a house and subsequently spend all this money only to find out it's built over a mineshaft or has a restrictive covenant on it or whatever, and then have to start all over again.

@VeronicaVanHoopen

As above. Totally depends on the issue. English property law is random and there is so much historical legacy around with documents that don't stack up to modern scrutiny. A couple of years ago we had someone pull out of buying our house because of a "major" legal issue. The next buyer /solicitor didn't even bat an eyelid. Risk is inherent in buying a house on all sorts of levels and people have different levels of risk apetite. Just the way it is. I agree that some vendors are sketchy but that's not always the case!

Totally, we're not necessarily adverse to weird property situations! The house we currently own has some odd restrictive covenants on it, but when we bought it the seller was totally upfront, it was priced appropriately, and we had absolutely no problem going into it with our eyes open (and we've been similarly upfront during the sale process). But it's infuriating that the system allows you to not be that transparent, and to waste everyone's time into the bargain.

I’m in scotland. We carried out a home report which consisted of a surveyor coming out to assess the condition of the property (structure, decoration, windows, fixtures and fittings, garden, garden structures and boundary walls), we then fill out a property questionnaire about anything and everything to do with the property down to our broadband provider, if there’s been woodworm treatment etc.

The above notes any issues with a property and rates it 1-3, 1 being no work needs done, 3 being urgent work is suggested.

It costs around £300-500 and needs to be updated every 3 months iirc incase a new issue crops up.

Further to that, a buyer can have a more intensive structural survey done at their own cost.

A potential buyer just contacts the sellers estate agent and requests a copy of the home report, or it’s made available on the site it’s advertised on.

@PinkyU

I’m in scotland. We carried out a home report which consisted of a surveyor coming out to assess the condition of the property (structure, decoration, windows, fixtures and fittings, garden, garden structures and boundary walls), we then fill out a property questionnaire about anything and everything to do with the property down to our broadband provider, if there’s been woodworm treatment etc.

The above notes any issues with a property and rates it 1-3, 1 being no work needs done, 3 being urgent work is suggested.

It costs around £300-500 and needs to be updated every 3 months iirc incase a new issue crops up.

Further to that, a buyer can have a more intensive structural survey done at their own cost.

A potential buyer just contacts the sellers estate agent and requests a copy of the home report, or it’s made available on the site it’s advertised on.

This seems very sensible and it enables the property to be properly priced.

Yep the Scottish system is much better. Move to Scotland op, you would be very welcome

Yes completely agree with you. We looked twice at and fell in love with a property and were close to putting an offer in. It’s a listed building and only on doing research and contacting the council did I find that the owner had done with without proper permissions - luckily we found this out at an early stage but the owner and estate agent were aware of this. These things should be disclosed upfront and not rely on the buyer just happening across the information by luck or because they’re informed.

I agree OP. I also think estate agents have a role to play here, it seems as professionals they have a duty to disclose what they are aware of to potential buyers, but in your example I'm not sure if they would mention to the next people that show interest

YANBU the process is awful and doesn't need to be so stressful as it is

Yes I've read about it a lot on the property boards. Where I am you put in an offer, seller accepts, 48 hour cooling off in which time you have a building inspection done. If all good then you pay deposit, conveyancers contacted, finance goes through. You can't change your mind about selling or buying after cooling off.

I wish they did home reports here. We’ve paid for a survey, mortgage application etc and the full survey has thrown up roof issues. So we are now torn between pulling out for an alternate house (and possibly losing our buyers) or sticking with the original house which will probably need a new roof in the next 5 years.

Home reports don’t show up title issues

Absolutely!

The problem with home reports is that they get out of date very quickly.

They are also pretty generic and are full of the usual surveyor disclaimers
They are also instructed by and paid for by the sellers
I always get properties looked at by my surveyor

Not sure if your specific issue would come to light under the Scottish system ( and you may get a false sense of security).