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Vendor doing work on house without telling us after accepting our offer?! What to do?

201 replies

Periodpropertyfan · 15/09/2023 08:40

We viewed a Victorian house that was back on the market (due to previous buyers pulling out because of concerns about damp), in late May. There were lots of viewings but eventually it was between us and another buyer, both interested. The estate agent also mentioned that due to the previous offer falling through due to damp, the vendor was planning to do some work (damp proof courses and replastering) to address this, meaning we shouldn't need to reduce our offer due to damp. We'd rather have done the work ourselves but didn't feel we could insist on this, as the vendor was quite possibly not going to go with our offer anyway. We were told the work had started and was ongoing, but weren't given any details of the work.

The estate agent told us the vendor was ideally looking for a cash buyer, which we're not, so if we wanted to put an offer in, it would need to be at asking price for us to be in with a chance, so we reluctantly put in an offer at full asking price, at the start of June. Our offer was rejected anyway, as we were told the vendor preferred the other buyers, who were cash buyers.

We stayed in touch, and in early July, we were told that the other buyers were pulling out, as 'they couldn't get a mortgage'! So clearly not cash buyers. 🙄We were then asked if we wanted to go ahead with our original offer, and reasoning that we could renegotiate after survey, we said yes.

We were concerned about the damp and any other structural issues, given the history with this property and the fact it was a period property, so instructed a surveyor that specialises in period properties. The survey identified a number of quite concerning things re damp, not least (as we suspected) that the work the vendor is doing supposedly to rectify the damp is instead likely to be making it much worse, and he observed the decorators in situ painting over damp plaster, that clearly has not had time to dry out. They are using modern waterproof paints and cements that are in effect damaging the fabric of the property.

I went back to the estate agent and queried this - the estate agent we've been dealing with, who'd given us little info, is on holiday and a more helpful colleague has now belatedly sent us a load of info about the damp work, including dated contracts. This shows that the work wasn't even agreed until a week AFTER our offer had been accepted - am furious that in that case, they didn't think to check with us, before starting on a massive programme of very invasive work. To clarify, they are installing a chemical damp proof course and replastering all walls on a 30 foot lounge and another 12 foot lounge, so removing this and redoing it would be a huge and very messy job and would mean we couldn't move in for months.

While we could just live with it and hope the work doesn't actually cause further damp, I have a serious mould allergy and would literally be disabled by living anywhere with a damp problem, so that's not an option I'm very comfortable with.

Don't really know what to do - we could obviously go back and reduce our offer, but get that the vendor is not going to be thrilled at taking off money to rectify work they are currently paying for! The estate agents swear that the work is high quality and guaranteed so there shouldn't be an issue; they even say they've used the firm on their own properties. Which may well be true - it doesn't change the fact that it's not suitable for a Victorian house, not what we would want and was started after our offer was accepted without checking with us or even telling us!

Any thoughts on how best to respond? We do like the house and there's nothing else out there currently that we prefer. And we've spent quite a bit on surveyors/solicitors so far. But what originally looked like a house that was ready to move in to is now anything but - in addition to the damp work, the current owner also covered the house in plastic paint and installed a new drive blocking the ventilation, so we are going to have spend ££ to basically undo everything they've done to the house in the last decade. Such a shame, as it's a really attractive period property, but owned by someone with no understanding of period properties, who never even lived in it (US-based).

Sorry for the long post, but trying not to dripfeed. Thanks for all advice.

OP posts:
Fullspectrum · 15/09/2023 08:41

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Bruisername · 15/09/2023 08:44

I would pull out

SuperLoudPoppingAction · 15/09/2023 08:45

This would put me off to the point I wouldn't want to move in. I live in a victorian house and the one room with gypsum plasterboard and modern plaster always smells damp. I will eventually sort it but it always takes longer once you've moved in.
Also that surveyor sounds amazing.

connie26 · 15/09/2023 08:47

Cut your losses and look for something else. Sounds like it's going to cost you a fortune to put right.

fairislecable · 15/09/2023 08:47

Work out how much it will cost to rectify the situation versus how much you have already spent with solicitors etc.

Either way it is going to cost you for going ahead with the purchase.

I would pull out as you cannot be sure what has been done.

Spinet · 15/09/2023 08:49

Two previous buyers have pulled out. This is an issue you've found out about after they've kept it quiet... what else is there?

I would give it up as a bad job. These vendors are not acting in good faith.

CircleWithin · 15/09/2023 08:49

Is this a stepping stone or long term move? If it's the former I'd live with their (incorrect) solutions. If long term I'd seriously reconsider and speak to them about pausing the work, if not too late, or a reduction.

Tosnoreornottosnore · 15/09/2023 08:49

Walk away. Makes me think of sunken cost fallacy if I’m honest

Doggydarling · 15/09/2023 08:50

I'd say walk away unless you get a reduction sufficient to cover the cost of the works needed to repair what they've done. The agent is going to tell you the work is good quality because they make money from the sale. Old buildings need very specific attention when repairing/replacing anything and it doesn't sound like that's being adhered to in this case. A new drive blocking ventilation? That's a major job to remove and replace.

nobodysdaughternow · 15/09/2023 08:58

There is no way you should buy this house, especially given you have a mould allergy.

Just don't!

Periodpropertyfan · 15/09/2023 09:00

Thanks. Am sadly leaning that way. It's gutting as it's a beautiful house and was on at a fair price.

But the estate agents have been v difficult to deal with (don't think the issue is the vendor so much as the estate agents - he is in the US and being badly advised by them). The estate agents have been on at us to go for a quick sale - knowing they've been encouraging the vendor to undertake big work that will take months to dry out (the specification actually says a year!!), it's incredible they didn't think to mention this to us!! Or share the info with our surveyor. 🙄

OP posts:
NewFriendlyLadybird · 15/09/2023 09:05

I’d give up on this one, especially as you have a mould allergy.

The vendor didn’t have to consult you — it’s still his house and you could pull out at any time. But you made an offer on the house in a particular state of repair; that does not oblige you to stick to your side of the agreement when the condition of the house changes.

SheilaFentiman · 15/09/2023 09:07

Pull out

EggInANest · 15/09/2023 09:18

I would pull out.

Apart from anything else you don’t know whether this damp proof work is being done under guarantee, and a transferable guarantee.

DrySherry · 15/09/2023 09:32

Sound like you will regret buying this property. Better to let it go.

ActDottie · 15/09/2023 09:34

Victorian houses will always have damp. Just the way they are.

id pull out as sounds like you’re not happy

Itick8outof10boxes · 15/09/2023 09:37

Sounds like EA are desperate to get it off the books, I'd walk away, the vendor losing out on money? Not your problem, but this property sounds like one HUGE problem if you go ahead.

SlipSlidinAway · 15/09/2023 09:43

Of course you need to pull out. And probably best to avoid period properties if you have a serious mould allergy.

C4tastrophe · 15/09/2023 09:47

I don’t think chemical DPC will cause an issue, however it probably won’t fix the damp problem either.
The plastering could be 1m of tanking, then a skim of that and try and merge it into the old plaster above 1m (worst scenario) or could be 1m of tanking, the rest in gypsum, then skimmed, or all gypsum.
You’d have to get more details on exactly what’s been done.
However I agree with the sentiment that maybe you should withdraw as the plastic paint could be the killer.

Strawberrycocktail · 15/09/2023 09:49

It sounds like the estate agents have commissioned the work for him (possibly managing agents for the property if the vendor has never lived there?). They have probably told him that is the best way to get the best price and solve his previous problems with buyers pulling out. At the same time they will be making money out of organising it for him. Hence, they are definitely not 'neutral' in this and also stand to earn a big fat commission for the sale. As you have a mould allergy and his obviously has a big damp problem I think the property is too risky for you even if you otherwise loved it and have seen nothing better. It is going to be a whole lot of trouble for you, undoing the work that you didn't want as well as the likely consequences of painting too soon on plaster that hasn't dried out. You don't agree with how he is tackling a big replastering job. There is just far too much wrong! Can you reconsider the areas you are looking in as that would give you a new range of properties to consider? I know you will be losing some money but it is likely to be a very small amount in comparison to what you could stand to loose if you go ahead with the purchase. I have pulled out of property purchases before when something bad is discovered on the survey and/or legal searches. I have never regretted it and ended up with something better by persisting.

Hedgehodge · 15/09/2023 09:49

With your mould allergy there is no way I would even be considering such a house.

Pull out and cut your losses.

ReeseWitherfork · 15/09/2023 09:50

”The survey identified a number of quite concerning things re damp”

”I have a serious mould allergy and would literally be disabled by living anywhere with a damp problem”

Don’t buy this house.

Whatswhatwhichiswhich · 15/09/2023 09:52

Pulling out sounds like the best thing to do. The vendors seem the type to fuck about, they want full price when they’re actively damaging the home. Pull out and find something that suits you better, you really really don’t want to spent the next 10-20 years with damp and mould and the whole mental and health battles that come along with it

Torganer · 15/09/2023 09:59

Definitely pull out. I would also advise against any Victorian or older property as your allergies are so bad, it’s not worth it.

Illegallyblonder · 15/09/2023 10:02

I agree with everyone, pull out!