Damage during viewing

[helloimnew123]

Hi,

We viewed a property last week. In the bathroom there was a sagging ceiling. My husband touched it with his fingertips to see if it was damp and some of the plaster came away.

We did apologise and nothing else was said.

Today the estate agents have left a voicemail wanting to talk about the incident.

Obviously he shouldn't have touched it! But it was an accident and if the ceiling was in good condition it wouldn't have crumbled.

What would you do? Offer to pay to fix it? Are we going to get stung for a whole new plastered ceiling?

We are not interested in buying the property if that makes any difference

He touched it to see if it was damp

Maintenance of the property is not your responsibility. Don’t say it was an accident. That implies that you are at fault for the damage.

Stick to only factual statements and don’t apologise.

Your husband touched the ceiling to see if it was damp. The plaster was not in good condition and was crumbly. You mentioned the issue with the ceiling to the agent at the time.

Thats all you have to say.

Obviously he wishes he didn't touch it now. Definitely a lesson learnt.

I have spoken to a friend who works as an estate agent and they told me that the viewing agents have insurance for these sorts of things.

They said we are not liable to make good or pay for anything.

Of course the seller won't be happy. I wouldn't be if I was them. But it seems we aren't responsible for fixing it, especially as it was in a bad condition.

Il let you know what the agents say if they call me back tomorrow

I would have thought this would be the estate agent's responsibility to fix. They were supposed to be supervising the viewing of the property. Obviously they assumed your DH had enough sense to not go sticking his fingers into things, but they were wrong. That's on them. 😬

This is perfect.

He did absolutely nothing wrong. Seeing whether it's and old or new problem, or whether it's manageable short term or needs immediate attention, could be the decider on either whether you want the property or not, or how much you want to offer.

I think if he had jumped up and down on the bed and broke it then yes or knocked a vase off the shelf while being careless putting his coat on then yes but the problem was there beforehand otherwise he wouldn't have touched it would he?

If their agent was on the phone not showing you round then that is their problem.

Thank them for getting in contact. Say assume it's to apologise for allowing viewing in an unsafe property. Say you were shocked etc. If they ask for money refer them to your estate agent.

He really should have asked before checking it.
He realised there was something wrong with it. Fine. But ask about it with the estate agent or preferably the owners if they were there.
Viewing a property doesn't give you licence to go and poke and prod anywhere you wish without permission. Despite what people may think. It is rude not to ask first.

As to who is liable ; nobody has actually accused anyone of liability and asked for anything.

There is an assumption and some concern that they will.

But, it is the estate agents who want to talk about the viewers about it.
The voicemail didn't say the vendor wanted anything. They may well have been embarrassed to the vendor who they act on behalf of. And just want to ensure future viewings will go smoothly.

I noticed the ceiling in my rented flat’s bathroom was bowing, so I touched it with my finger and it made a hole in the ceiling. I didn’t poke or prod, just a very light touch with my fingertip. There was no damp smell, no signs of damp or water damage. Turns out the upstairs neighbour had a very slow leak from their shower and it had been going on for months (second home, he hadn’t been there all winter). So it can happen where there are no obvious signs of damp and the surface completely crumbles at the lightest touch.

luckily my landlord was sensible and didn’t blame me for the damage, and nor should this estate agent.

if you are going to spend houndreds of throusands of pounds it would be silly not to carefully prod examine areas that are visibly problematic.

Eastate agents are cheeky fuckers.

Definitely turn it back onto them!

Perfect 👌

The estate agent has left the voicemail. They want to talk to the viewers.
The vendor hasn't been in touch with the OP.

The estate agents are lucky the whole ceiling didn’t come down on your OH. They would really have something to worry about if that had happened.

I’m really intrigued as to what the estate agent will say. It sounds like you are clear in your rights and know you’ve done both wrong.

And as to the person who said you shouldn’t touch anything on a viewing- how ridiculous. You’re there to get a gist of the property. Gently touching something that doesn’t look quite right is fine. Sticking a screwdriver in it to dig or rooting through drawers is different!

It’s not perfect, it’s very passive aggressive and could cause the estate agent to get their back up.

this ^^

throw it back at them! blame them

I didn't say you should not.
I said you should ask first. If they said no then ask if there is a problem, and assume there is if they say no.

Assume there is a problem if they say no, you cannot touch/look/ open

It is perfect. Who cares if the estate agent gets their back up. They should be apologising to the op.

What @Passerillage said.

They could become defensive and start pointing fingers. The OP’s husband isn’t to blame, but it would be a hassle to get into a back and forward with the estate agent.

It’s rarely in a person’s best interests to be passive aggressive and sickly sweet when handling a potential conflict situation. It can escalate, rather than diffuse things.

Not worth it imho, regardless of how smug it can make a person feel when they hit send on an email ( or draft a response for someone on a forum)