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Original poster

Selling a house with previous subsidence claim - help please

26 replies

YevgenyOnegin · 02/11/2016 21:02

Our house (built in 1912) had a subsidence claim on the insurance 25 years ago. Cracking to front elevation due to a tree. Tree was removed, brickwork repaired and certificate of structural adequacy issued. When we purchased 12 years ago our survey showed no further movement, mortgage company happy to give us mortgage and we continued insurance with existing company.

So we come to sell, we're upfront at viewings about this, had an offer, gave all relevant documentation to their surveyor, survey came back fine, our insurance will continue to insure house, buyer pulls out just as we are about to exchange.

Is there anything else we should have done? House goes back on market next week and I want to make sure we're honest about this issue. What would you expect from a seller if there had been an issue?

I realise a lot of people run a mile from subsidence but a lot don't, plus we're in an area prone to movement as old houses built on clay soil. It's not an uncommon issue.

Any thoughts or advice most appreciated.

OP posts:
wooooofudge · 02/11/2016 21:13

Either they are very risk averse - and the incidence of subsidence due to the claysoil may be more of a worry to them than the past three related damage - or they are saying that is the reason rather than anything else.

Is it definitely subsidence that they have stated is their reason for pulling out?

Original poster
YevgenyOnegin · 02/11/2016 22:25

They've said subsidence. But want to put them behind me and move on.

I suppose I'm after opinons on how best we sell the house. My thoughts are that its best to be upfront at viewings that there was an issue and how it's really not an issue in terms of mortgages and insurance are fine. Do you think this is best way forward? Or we wait until we get an offer and survey and declare then?

We found out during searches and nearly pulled out but did some research and realised that house would be fine.

OP posts:
wooooofudge · 03/11/2016 07:08

I think your approach was a good one. You got an offer and they knew about it. It would very much depend on the buyer.

Original poster
YevgenyOnegin · 03/11/2016 07:47

Thanks it seems obvious now you put it like that! We'll continue to disclose at first viewings.

OP posts:
Coughingchildren5 · 03/11/2016 09:59

I don't think this is the best way to sell the house.

As the subsidence happened such a long time ago, not even under your ownership, this is not something you should feel you must declare From the outset. Even insurance companies won't be interested in Work done so long ago.

You have already discovered that knowing from the outset won't stop someone pulling out.

I think you should leave these historic issues for their own advisers to discover and investigate.

Perhaps you should get the estate agent to conduct first viewings? I really think you are making too big a deal out of it.

Inthepalemoonlight · 03/11/2016 15:31

It wouldn't put me off buying your house as the tree is no longer there.

estateagentfromhell · 03/11/2016 15:54

Under the new Consumer Protection Regulations, you're under a legal obligation to disclose all 'Material Facts' pertaining to the property at the earliest opportunity.

Leaving it to 'their own advisers' to discover is unlawful now, and I would very strongly advise against it.

wooooofudge · 03/11/2016 16:31

I think what you do is not say to another buyer that the last lot pulled out due to subsidence and simply tell them issues caused by tree roots were remedied at the time, the tree is no longer there, etc.

You'll piss buyers off if subsidence comes to light in their searches, they speak to the EA and the EA says anything about the last buyers pulling out due to subsidence. Better to be upfront and work out a strategy with the agents.

Original poster
YevgenyOnegin · 03/11/2016 17:42

Thank you. Going to show the house first ,mention subsidence at the end, got certificate of structural adequacy if they want to see it, and advise our insurance will continue cover or a broker can. Highlight we want to be upfront and honest as we want buying experience to be positive. Which we do. And to come back to estate agent if they have any further questions. Fingers crossed!

OP posts:
yearofthehorse · 03/11/2016 17:46

Unfortunately, however long ago the work was done, you have to declare it and insurance companies have to know about it. We are in a similar position and hoping that our buyer doesn't panic.

Hermano · 03/11/2016 18:03

We're in a similar position and ended up abandoning our sale plans after 2 buyers pulled out. If at all possible I'd advise you to sell then buy later. We lost onward purchases due to buyers pulling out. Ended up remortgaging up to our eyeballs and keeping the flat. Hoping to sell in a couple of years to claim extra SD back. If all else fails I'll sell to webuyanyhouse company and take a huge loss. Outs wasn't even subsidence! Structural movement likely caused by the 2nd world war which was REPAIRED IN THE 50s! Still risk averse fuckers buyers pulled out.

Good luck with yours.

Original poster
YevgenyOnegin · 03/11/2016 18:19

Hermano, do you mind me asking when your buyers found out? Was it during the conveyancing?

OP posts:
Hermano · 03/11/2016 19:25

We weren't aware of it ourselves, it wasn't picked up in our survey so we didn't put anything in the info pack.

Our first buyers survey flagged there was evidence of historic repair. Then then asked us for details. We naively just replied that we didn't know anything and it didn't get flagged in our survey, sent them extracts from ours. The pulled out.

Second lot we didn't think to mention it again ( we didn't really take it on board from first lot and didn't think it was anything), their surveentitled it as evidence of movement as was really damning and kinda scaremongering. Said buyers should do structural survey to see if they needed to repair the historic movement and check it had stopped. So surveyor completely neglected to spot it had been bloody repaired!

We then paid for a full structural survey which confirmed it was mended middle of last century but buyers were spooked and pulled out. They were nervous about insurance. I now know our insurer would cover them, in fact our insurer stated they wouldn't even change the premium as it was so old, but I think they'd called around the high street and met blank refusals. I got the same when I called round the high St to get quotes for landlord insurance instead.

Original poster
YevgenyOnegin · 03/11/2016 20:11

Thanks Hermano. So sorry this has happened to you. If you can sell it in a few years of specialist insurers who will insure too. Good luck with your future plans.

OP posts:
southwest1 · 04/11/2016 12:45

I sold my house in January and my subsidence work had only finished in the October. It was the first thing I told my buyers but they weren't worried. To be fair half of the houses in my street had had previous subsidence as they are built on London clay, so if you are looking to buy in that area you would be daft to be put off by it. The work had a 20 year guarantee too, so really it was safer buying now than it was when I purchased it.

Hermano · 04/11/2016 13:55

Mine was in SE London and also on clay I think. Maybe I just got unlucky.

I think I will be really upfront next time, we have the engineer report and if that doesn't reassure people upfront it certainly won't further down the line!

gazzahove · 09/11/2016 22:05

I've been trying to sell my Property in Worcester and like many other here the subsidence was caused by vegetation in the front garden. I bought the property knowing of the issue but took the view that with the appropriate certificate of structural adequacy and the insurance being no higher than normal thought it wouldn't be a problem when I came to sell.
I paid for my own full structural survey before marketing the property and any work recommended had the work done in advance.
As it is, I have now had four offers withdrawn and each time due to the buyers surveyors saying it was a high risk property.
I'm now at my wits end and feeling like I've bought a White Elephant.
Any suggestions gratefully received.

RubberTeeth · 10/11/2016 23:26

I'm very sorry you are going through this. We recently sold a property of similar vintage that we had underpinned.

Among the various paperwork we supplied to our buyer was an ASUC insurance warranty issued by the contractor that did the work. ASUC is the Association of Specialist Underpinning Contractors. I don't know if the warranty is actually worth anything, but it gave comfort.

Perhaps the very age of the prior remedial work is a concern. In my view, it takes an experienced buyer to take on a property with a history of subsidence.

Ours was a buy to letter who got an excellent deal for our property - structurally in better shape than all its neighbours!

While not a knight a shining armor, I'd be hoping such a buyer turns up for you.

MyNameIsCleo · 11/11/2016 18:33

All so frustrating!

Nothing to add, other than that as long as the certificates and guarantees were there and there wasn't an insurance problem it wouldn't bother me.

Silly self perpetuating thing, if no one was bothered, or thought anyone else was bothered it would be fine!

MrStone · 23/07/2018 19:23

Hi just been reading this thread, a bit after the event, How did everyone get on? did you manage to sell?

We are in the same boat, so keen to know.

Thanks

Yoga817 · 21/04/2019 22:15

Wondering if there’s any update to this thread?

I was massively screwed over when buying a property. The previous owner covered up cracks with plasterboard and the surveyor I employed missed serious subsidence resulting in me owning a property which is still subsiding. It was ten years ago when I purchased it and I was too young and naive in hindsight. They saw me coming. Tried to get the surveyor to pay for repairs as their survey was negligent and if they had correctly noted the subsidence I would not have proceeded with the purchase. I could not afford a solicitor to take the surveyor to court so ended up with this property and completely taken for a ride! I’m now in a position where I want to move on, I’ve had the property underpinned but I’m still seeing the cracks appear so it’s clearly not resolved. Not sure what to do other than accepting a very low price from webuyanyhouse? Any help would be appreciated.

ChariotsofFish · 22/04/2019 11:21

Get a structural engineer to do an assessment?

Yoga817 · 22/04/2019 17:01

I did and he said to underpin which we have done and rebuild the back wall which is bowing. I don’t have the money to do the back wall yet. I’m considering just accepting the loss through a cash house buying company. Interested to hear of other stories where others have sold a house with subsidence

ChariotsofFish · 22/04/2019 17:54

If there’s active subsidence which you can’t afford to fix then you are likely to be looking at a limited selection of cash buyers anyway. What do your insurance company say?

Yoga817 · 22/04/2019 18:02

Sadly they’ve not agreed to cover the cost as it was ‘pre existing’. It’s all a bit of a pickle :(