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Seller has completely done us over How would you play this out?

55 replies

WillowB · 08/11/2016 21:35

This post will completely out me if anyone who knows me us reading but here goes...
We offered on a house about 6 wks ago, 5k below asking price. House is 1930s semi. Dated but looked OK otherwise. Everything was ticking along nicely until we had our survey. It showed possible damp in several places in the lounge. It wouldn't necessarily have put us off but we wanted a second opinion to see if it would be costly to sort. ( we did have an inkling that it might be damp as the vendor was a complete big mouth and was quite proud of the fact he'd replaced completely rotten woodenlounge floor boards with a load of concrete 30yrs ago Hmm pretty sure he already knew...)
We contacted the vendors EA to ask if we could send an independent damp surveyor round at our own cost.
At this point the sellers pulled out blaming us saying they were sick of questions & surveys!!! (We hadn't asked a single question, just the standard queries raised by solicitors)
We were gutted as we've spent the best part of 1k on fees, surveys etc.
Then the best part...they've put it back on the market today!!

Am I right in thinking that if we send them the survey then the EA should disclose the significant parts I.e damp to potential buyers?
I would love to a) make it as difficult as possible for them to sell & b) stop some other poor buyer going through the same thing!

OP posts:
Lilmisskittykat · 09/11/2016 20:10

I don't think having 5k knocked off the asking price is anything really, so I don't know what a previous poster was going on about.
*
The price reduction is relative to the buying price of the house. 5k off 550k house is nothing but off a 50k house is a hell of a lot.

Don't worry about it, just move on*

Lilmisskittykat · 09/11/2016 20:15

You'll also find most surveys these days suggest further reports e.g. Damp electrics etc... it's an ass covering exercise

thenewaveragebear1983 · 09/11/2016 20:45

It's not up to the agent or seller to disclose anything at all about the house. The property is sold as seen. The fact they denied you a survey should be grounds to pull out if you're not prepared to risk anything, and they will undoubtedly find that other buyers will also want surveys etc if they want to buy their house. You should be told by your solicitor during conveyancing that all information disclosed by the seller is to be taken as 'unproven' - they can essentially tell you anything and it's up to you, the buyer, to check. So I think you dodged a bullet and should continue your search; however, to seek vengeance and wreck their future chances of getting a sale will only make you look odd and it pays for the EA to see you as a credible buyer when they are showing you round other properties.

BadKnee · 10/11/2016 10:25

I would be very careful about trying to affect the seller's future sale. If you communicate the survey then fine but what if:

a) seller cannot sell because of untrue comments about his property. (The facts of the survey are one thing, "possible damp" but the assertion that they are indicative of further damage is speculation)

b) seller has to drop price because a surveyor who was working for you has indicated that the price needs dropping.

c) future buyers have to spend money on unnecessary surveys which maybe their own first survey would not have recommended. (Possible damp is a frequent "cover yourself" term for surveyors in houses of that age.

It is nothing more than revenge and makes the whole process very unpleasant.

Essentially the vendor pulled out. You offered below asking, you had a survey done, you quizzed him over damp/floors, you asked for another survey and I am sure gave the impression that you suspected "significant" damp - and therefore the sale was at risk anyway - certainly at that price.

If I were a vendor I'd do the same. You were absolutely right to request another survey if you wanted to be sure. And he was absolutely right if he wanted to pull out and go for a quicker, more straightforward sale.

Think if your "lost" buyers now tell all the local EAs that you are dodgy sellers who pull out at no notice because....., (and they may cite any reason they like), and that is passed on to other prospective buyers.... And you say "No that's not true..." But hey - damage done.

A new buyer will do their own checks and make their own agreement.

It is one thing being fair - quite another to try and screw over other people.

JellyWitch · 10/11/2016 10:30

Having been through similar as a seller when we were selling a Victorian house and our buyer put us through three months of hoop jumping and surveys before pulling out and loosing us the best of the summer for remarketing, I can't really blame them. They've probably been burned before and would rather cut their losses now, especially if they are not up for any price negotiation.

Your perfect house will turn up. This just wasn't it.

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