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Legal advise please

6 replies

Smart123 · 15/03/2019 17:53

I'm looking for some advise..
I accepted an offer on my property in October, and we are almost at completion.
But have a query from my buyers solicitor, the structural survey showed damp was coming into my loft via my neighbours chimney as this is in need of repair.
I've spoken to my neighbours and they are aware of the problem and have said they hope to carry out the repairs in the Summer months.
My buyers want him to put it in writing, he won't do this just give his word.
This issue is now holding up the completion.
I'm feeling I can do no more and feel I'm getting punished for a problem that is my neighbours.
The solicitors have only suggested a retainer which is held till he does the work, if he never does it I loose the retainer.
Or I could potentially loose the sale
I'm not sure how we can move forward, if anyone has any advice, might give me some hope on a Friday afternoon

OP posts:
Xenia · 15/03/2019 18:18

I suspec tyou will not get your neighbour to put it in writing so you might have to risk the retainer but do be aware that might mean you have to pay for the work. It depends how much it is as to whether it is worth that risk. £500 fine, £1k may be okay for making sure you get the house you want to buy and not lose the chain, £5k may be not.

Chimney works can be expensive as they may need £2500 for scaffolding before they even start teh work unless they can get up there by ladder.

Smart123 · 15/03/2019 18:54

I'm not actually buying anything at the moment, so no chain.

I agree it's a difficult one..
I'm waiting now to see what the buyers solicitor may come up with.

OP posts:
Bayleyf · 15/03/2019 22:15

If I was your neighbour I'd never in a million years sign up to that. Sorry.

Chocolate50 · 17/03/2019 19:10

Why would your neighbour not want to deal with it if its impacting your property? I think ask him if he would let you get a quote for the works & then based on this look at the retainer.

OKBobble · 17/03/2019 19:18

It is affecting your property. Why on earth aren't you insisting your neighbout get the work done now. It could mean all sorts of issues and problems for you. If your buyer pulls out yo will have to disclose the problem to potential buyers going forward and surely they won't touch a property with potential damp issues with a bargepole.

Smart123 · 17/03/2019 19:52

I'm afraid neighbour and I don't really get on, he said he will do the work in the summer, but won't put it in writing..
I think the way forward is to offer my buyers money off to go half's on the chimney... My neighbour is also saying that the damp Isent affecting his property despite his rendering hanging off..

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