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Original poster

House purchase - vendors refusing access

34 replies

workingmama · 13/06/2006 13:06

Sorry, this is slightly obscure but I was just wondering whether anyone had come across similar problem to us when buying a house: we're close to exchange and the vendors are refusing to give a damp specialist access to check whether there is any rising damp (surveyor thinks yes, specialist firm instructed by estate agent thinks no and surveyor has advised us to get independent second opinion). We're not going to exchange without it but just wanted a sense check if possible. Are we being unreasonable??

OP posts:

Twiglett · 13/06/2006 13:08

No you're being totally reasonable

I'd pull out of the purchase now tbh .. it is strange not to allow access .. they are hiding something

but I would call them personally first to double check that they are really doing that and the specialist firm is not lying to you because they haven't made a suitable appointment

EvesMama · 13/06/2006 13:11

go see/call them yourself..if they still refuse access, then id be having a good think about what you want to do..there may be something else wrong, but their lack of co operation is preventing the sale going ahead..imo, id not exchange until you have been, you need to go with the surveyor guy/gal to make sure you can see the kitchen missing or something..good luck

Furball · 13/06/2006 13:15

Tell them it is a clause of your mortgage that you get and independant survey done - and say if they won't let you you can't get a mortgage so the sale is off. If they still won't allow you access you know something really is wrong.

peachyClair · 13/06/2006 13:40

What's their excuse? We had to refuse access for a while selling a house due to ill kids (infectious), but it was temporary. I wouldn't sign a thing on this house though.

Original poster

workingmama · 13/06/2006 13:56

Thanks for all of the advice - I'm really glad to hear that it's not us being unreasonable (didn't think so but was starting to doubt my own sanity here...).

The damp specialist is happy to go round whenever. It's the estate agent who is telling us that the vendor is refusing access. They, for what it's worth, are telling me that they think the vendor is being unreasonable too.

I've made it clear to the agent that we're not prepared to exchange until we get a 2nd opinion re the damp and that if the vendors refuse to allow the specialist in, we will pull out as we're not going to be bullied into this. I don't know how much of that message is getting through to the vendors though as the agent has so far avoided giving us their number so we haven't spoken to them direct. It's all really frustrating and is starting to make me worry about what else they're hiding from us. Eeek.

OP posts:

NomDePlume · 13/06/2006 13:58

You need to get your solicitor to speak to their solicitor, NOT via the Estate Agent, IMO. Solicitor to Solicitor will have more clout.

NomDePlume · 13/06/2006 13:59

BTW, you are absolutely not being unreasonable ! I'd be very concerned about this if it were my purchase.

Original poster

workingmama · 13/06/2006 14:13

Nom de plume - thanks, that's a really good idea. I'll call my solicitor now.

While I'm glad that people don't think we're being unreasonable, I'm now starting to really freak about why they're being so difficult. The official reason (again, via agent) is that they are not prepared to negotiate at all on price so there is no point us sending a specialist round. What I don't understand is why they think we would be prepared to commit without knowing what we're taking on here. Surely no-one would be that stupid?

OP posts:

Freckle · 13/06/2006 14:22

Even if they are not prepared to negotiate on price, you need to know what, if any, work needs to be carried out on the property to know if you can afford it. They are being thick.

Original poster

workingmama · 13/06/2006 14:49

Freckle - too right!

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CountessDracula · 13/06/2006 14:59

Yes and also if it is for eg going to cost £10k to put right then you would want to pull out if they won't negotiate!

They are being twats

Pull out, they will soon change their minds

SofiaAmes · 14/06/2006 06:12

I would never believe anything an estate agent says. Go round and knock on the door and speak to the vendors yourself. If it turns out that the agent was telling the truth, then definitely pull out, these people are trouble.

LadySherlockofLGJ · 14/06/2006 06:32

If you haven't already done so,that would prompt me to get a full survey done TBH, what is another few hundred quid at this stage.

Original poster

workingmama · 14/06/2006 10:26

I know I'm a naive idiot but I believe the agents actually as the vendors have been extremely difficult and unco-operative on the rare occasions that we've met them.

Still, just in case the agent is spinning us a line here, we've asked our solicitor to raise enquiries with the vendor's solicitor re damp proof course guarantees and told him that we will not exchange unless this is sorted out (we've had a full structural survey done already by the way).

What a palarva...

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EvesMama · 14/06/2006 10:35

and the ful survey showed ok? or was that when it showed up dpc prob?

foxinsocks · 14/06/2006 10:38

mmm we had this issue when we bought this house - bloke wouldn't let our dampproofing people in so he got his own dampproofing quote and then let ours in and (apparently) badgered them the whole time they were here. ggrrr

they are obviously hiding a big damp problem - and it is a pain to fix - replastering, new skirting boards etc. - a big disruption though not insurmountable

don't believe what the other firm says and you must speak to your damp proofing firm and tell them they may be put under pressure when they go round (we did this with ours so they knew what was coming!)

Original poster

workingmama · 14/06/2006 11:45

Full survey suggested that there might be rising damp in a few places and suggested that we get a specialist in. The specialist instructed by the agent (stupid of me to let them instruct someone but wasn't thinking straight at the time) said it was just condensation. Our surveyor has recommended that we get a 2nd opinion from someone independent, which is what I've asked for.

Foxinsocks - thanks for the tip. I will ask the guy we've instructed to be prepared for bullying tactics and to stand his ground.

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EvesMama · 14/06/2006 12:35

it COULD very well be condensation as one of our previous houses came back as major dpc prob, but it was all down to heating, washer, dryer, oven and kettle not to mention clothes loaded on radiators..not saying it is though, just to say how they can gett it wrong.

Original poster

workingmama · 14/06/2006 12:49

EvesMama, I really hope that you are right! It would make life so much easier... Thanks for the encouraging advice.

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DominiConnor · 14/06/2006 13:01

I'm with those who say "pull out now".

I don't worry about the damp much. Once you've had it looked at, simply take the estimate, double it and knock it off the offer price.

But the evidence you have is that something is deeply wrong with these people. They may be the twats CountessDracula suspects, but also they may not really be that serious about selling, or the couple (?) selling it may not agree with each other over the move.
Thus you may get one instructing the agent, and the other trying to sabotage it.
Thus you may get very close to signing up, incur legal, survey,other costs and hassles, only to see them pull out.

Also imagine the damp survey comes out clear. Does it get you to a state of contentment ?
Or will you suspect that they've successfully hidden something. Roof ? Sewers ? Neither are cheap or pleasant surprises, and do you want to hire specialists for every form of woe that besets a buidling ?

If you believe the estate agent. Some are people of the greatest personal integrity, or as one lawyer put it to me, they're all liars.

Original poster

workingmama · 14/06/2006 15:44

DominiConnor - thanks for the advice. Sadly, we're really close to exchange and have incurred lots of expense already so it's going to cost us quite a lot to pull out now. I agree with you completely re worrying about what else they are hiding and am losing plenty of sleep about it at the moment but I guess we have to balance that risk against the thought of having to start again and write off that much money. Not a pleasant choice as you can imagine. We're very torn.

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EvesMama · 14/06/2006 15:50

turn up on thier doorstep and say you want to measure for wardrobes or something..dont even mention dpc then say can i take your number incase i ned anymore measurments...get number .hne hound them..or maybe you may discover its not them and in fact the agent(very likely ine!)

Original poster

workingmama · 15/06/2006 12:19

Hoorah, the vendors have finally seen sense and have agreed to access (following advice from their solicitor, who agreed that it was unreasonable for them to refuse). We now have to hope that the damp specialist does not think that a lot of work needs doing as then we will have a difficult price negotiation on our hands. Not looking forward to that, especially as these people appear to have had their reasonableness genes removed at birth.

OP posts:

dizzydo · 15/06/2006 13:03

workingmama, you could try 192.com if you know their surname and initials. That will give you their phone number on that information. Did it with our vendors

EvesMama · 15/06/2006 19:28

try to get surveyor to go in morning, then no heating/washers ovens etc on so should give a truer reading..fingers crossed for you x

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