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9 replies

scarlets · 23/08/2015 00:05

My schoolfriend's great-aunt died recently. Her 1930s house, which she had bought in 1950, was left 50:50 to my friend and my friend's mum (her niece). My friend's mum is 72 and in poor health, so responsibility for selling the property has fallen to my friend. I'm helping, I know the family well. It sold very quickly to a first time buyer, thankfully.

The great-aunt lived frugally and minimally which was great when it came to clearing the house. However, we can't find any documents and the solicitor is demanding them. For example, they're asking for a Build Over agreement for the old lean-to conservatory, because there's a public sewer running through the back garden. We have no idea when the lean-to was built. There's no evidence. We both remember that it was there in the 1970s because we played in it as children! That's all the info we have. Similarly, they want a boiler compliance certificate and proof of regular service - again, nothing. They've asked about cavity wall insulation - my friend vaguely remembers it happening about ten years ago but again, no documents. There are a few other similar queries and all of them came via separate letters. It's like a bombardment.

My friend's mum, who has Alzheimer's, lost her rag with it today. She says of the buyer, "either they want it as seen, or they don't". She became belligerent and aggressive, which upset my friend.

Will anyone actually buy a house on this basis, do you think? We've no idea what to do. Maybe she should offer it for sale to a builder/developer and explain the circumstances, and accept a much lower price.

Advice/experiences would be helpful. Thanks!

OP posts:
Regularhiding · 23/08/2015 00:10

Yes of course they will.
You can't produce stuff that doesn't exist.
I have sold house that did not have all the stuff the buyers' solicitor requested. Mine just replied Nope, not got it.

It's quite common

CheeseBadger · 23/08/2015 00:29

If the buyers are motivated they'll buy it. As far as I'm aware, we were given no certificates for electrical or gas safety, or FENSA rubbish for the recently badly fitted windows, or any evidence of building regs approval for the ramshackle pantry extension when we bought our place 5 years ago. We just didn't ask for them. The house had clearly been badly abused in the past, and we wanted to live in it and give it the care it had been missing.

I'd tell your friend to tell the buyers they need a new build if they want a house with no "mystery" to it.

wowfudge · 23/08/2015 06:05

It's perfectly normal not to have all the documents, especially after such a long time with things like the lean to. If the buyers are bothered about such things then your friend will be asked to provide an indemnity - this is an insurance policy for the buyers to rely on instead. Usually indemnities are not that expensive, but it depends on the item they cover. The seller can always say no to paying for one, their solicitor should advise.

When we sold a house last year the buyer's solicitor was concerned there was a missing conveyance in the deeds pack from something like 1775 and they wanted an indemnity against defective title costing £120. Now whilst a defect in title is potentially serious, we are talking about an area that was part of an estate which was sold off for mining in the early 1800s and subsequently hundreds of homes were built for the miners. There was an ancient rent charge payable annually. My view was that this was so long ago the houses wouldn't have been built without all the title documents in place and the rent charge would have only been established with proof of good title. I said no on that basis and the sale proceeded. The buyer may have taken out an indemnity themselves, I don't know.

juneybean · 23/08/2015 08:16

The seller when I bought my house took out indemnity insurance as they had paperwork relating to the boiler

eurochick · 23/08/2015 08:27

I agree with the others. It's normal. Just say you don't have it. If the buyers push the point, you can look into providing an indemnity.

We've just moved. We had a newish boiler but no paperwork and we had never got around to having it serviced. So we just said we didn't have it and that was the end of the matter.

Roseandbee · 23/08/2015 09:14

The buyer may not even be aware that the solicitor is asking all these question as its really just standard questions the solicitor has to ask. I'm sure people rarely have everything they ask for & it may not even concern the buyer so your friends mum is perhaps jumping the gun a little & it'd be best to just try and go with the flow at the minute & I think worse case scenario she will be asked to pay for indemnity insurance, which I think is taken out at completion

Sunnyshores · 23/08/2015 12:17

Dont worry. The solicitor is just going through an ever increasing list of requirements that she needs to ask for, primarily to cover her butt and make sure shes asked for them. The buyers probably dont even know, they're not getting cold feet.

Most of these sort of things, most of the time will never have existed or have been lost over the years.

I would just say you dont have them - house cleared, no mystery, end of...

If the buyer really wants assurances, then indemnity is one way, or for example - a boiler service will cost £80, cavity wall insulation is usually free. But dont offer any of this.

scarlets · 23/08/2015 13:10

You've all been very helpful! And reassuring.

OP posts:
sherbetpips · 23/08/2015 15:32

The solicitors will ask you,to pay for indemnity insurance for each issue. We didn't have the electrical certificate or all the fens a certain so we had to,pay. Not a big issue.

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