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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:
Periodpropertyfan · 15/09/2023 19:13

CountryCob · 15/09/2023 17:00

I think it is unusual to start work on house after offer accepted but from the vendor's perspective they might not think you will buy. They can do anything they want at the moment with the property as they still own it. Sounds like your offer hasn't been taken that seriously. Also sounds like a modern construction property is what you need. Could be 1950s doesn't need to be new build but something with a cavity wall and different foundations. Victorian properties are often built directly on ground virtually with little underfloor venting. Their walls are different to modern houses.

Can't think why they wouldn't 'take the offer seriously'. It was at full asking price - what more were they hoping for? 😮

Don't agree at all about modern houses being better for damp - old ones have stood the test of time, and as I said, the bad mould reactions I've had to date have all been in modern houses, not solid, well-built period ones.

The tragedy with this house is it had survived in beautiful condition for well over 100 years - until the current owner decided to expensively damage the fabric of the property a decade ago. 😭

OP posts:
Periodpropertyfan · 15/09/2023 19:19

Monster80 · 15/09/2023 16:13

Estate agents value houses with condition in mind, so maybe OP can’t afford a house at ‘finished’ price, but now wants to negotiate a discount based on condition. It’s a class first time buyer mistake…

If it's in poor condition and sold as such, that's one thing. The issue here is that it was sold as being in good condition and needing no work done to it, when that's absolutely not the case.

If you like overpaying for houses in a poor state of repair, then you do you.

Beginning to wonder if you're my estate agent? 😂 You do seem to have a real bee in your bonnet about my not wanting to pay full asking price for a house that the survey has revealed has loads of major issues. Why is that???!

OP posts:
Solachan · 15/09/2023 19:23

Guess they don't plan to sell..just testing the market to see if it's worth holding..
..

Periodpropertyfan · 15/09/2023 19:25

Solachan · 15/09/2023 19:23

Guess they don't plan to sell..just testing the market to see if it's worth holding..
..

If so, that's completely contrary to what the estate agent have told us, as they've been hassling us to complete quick, telling us how keen the vendor is to move.

Annoying if they're not serious, as we spent a lot on surveys. Ho hum.

OP posts:
Solachan · 15/09/2023 19:34

..and you trust estate agents??
Estate agents want their money..
If previous buyers have fallen through, agent wants it off thier books asap.. doesn't cost the vendor anything to keep it on , doesn't mean they want to sell..

What caused the previous buyers to withdraw?

AliciaLime · 15/09/2023 19:35

Monster80 · 15/09/2023 16:13

Estate agents value houses with condition in mind, so maybe OP can’t afford a house at ‘finished’ price, but now wants to negotiate a discount based on condition. It’s a class first time buyer mistake…

You seem obsessed with implying the OP is a first time buyer (such an insult 🙄). You’ve had your say multiple times and just having fun putting the boot in?

Good luck OP, I think I’d pull out given the circumstances.

SpidersAreShitheads · 15/09/2023 19:35

I genuinely mean this kindly OP, but I think if you look through the facts of your post objectively, this was never a good house for you.

What I mean by that is:

You knew previous sales had fallen through because of damp
It's a period property which are more prone to damp anyway
You have a seriously disabling mould/damp allergy
You knew that the owner had apparently started work on the damp but you weren't happy about this
You said you "reluctantly" put in a full price offer
You then resubmitted the same offer "reasoning that you could renegotiate after survey" - in other words, you knew from the start you didn't want to pay what you were offering (that's how it reads anyway)
The specialist surveyor identified problems with not just the damp, but also the remedial work - and you still didn't pull out
You now know they're using plastic paint which will exacerbate the damp issue
The estate agent doesn't seem to be telling the truth
You have found out that the vendor and/or estate agent lied about when the work started - what else have they been untruthful about??

It's hard to convey tone in the written word, but I'm honestly not trying to stick the knife in or be unkind! It sounds like you got swept up in what sounds like a beautiful house - but when you read the sequence of events, it seems bonkers that you'd even consider going ahead. Being blunt, you should have pulled the plug on this a while back.

I agree with PP re sunken costs fallacy. Better to walk away now than waste even more time and money on a property that was patently problematic from the start.

Sorry OP.

AliciaLime · 15/09/2023 19:37

SpidersAreShitheads · 15/09/2023 19:35

I genuinely mean this kindly OP, but I think if you look through the facts of your post objectively, this was never a good house for you.

What I mean by that is:

You knew previous sales had fallen through because of damp
It's a period property which are more prone to damp anyway
You have a seriously disabling mould/damp allergy
You knew that the owner had apparently started work on the damp but you weren't happy about this
You said you "reluctantly" put in a full price offer
You then resubmitted the same offer "reasoning that you could renegotiate after survey" - in other words, you knew from the start you didn't want to pay what you were offering (that's how it reads anyway)
The specialist surveyor identified problems with not just the damp, but also the remedial work - and you still didn't pull out
You now know they're using plastic paint which will exacerbate the damp issue
The estate agent doesn't seem to be telling the truth
You have found out that the vendor and/or estate agent lied about when the work started - what else have they been untruthful about??

It's hard to convey tone in the written word, but I'm honestly not trying to stick the knife in or be unkind! It sounds like you got swept up in what sounds like a beautiful house - but when you read the sequence of events, it seems bonkers that you'd even consider going ahead. Being blunt, you should have pulled the plug on this a while back.

I agree with PP re sunken costs fallacy. Better to walk away now than waste even more time and money on a property that was patently problematic from the start.

Sorry OP.

I agree with this, I think it’s probably time to move on and find the right house for you.

ReeseWitherfork · 15/09/2023 19:39

Don't agree at all about modern houses being better for damp - old ones have stood the test of time, and as I said, the bad mould reactions I've had to date have all been in modern houses, not solid, well-built period ones.

But modern houses are better for damp. That’s well established. Improved building practices over time. Certainly anything “Victorian” provides a high chance of damp and mould problems. If I had a mould allergy which could render me disabled, I wouldn’t personally take the risk. If you’ve not lived in a house with ongoing damp problems, you may be underestimating how bad it can get. As for new properties causing you health issues, you may find that’s a result of moisture from the construction still working it’s way out. You’d be best to find something slightly older which isn’t a “period property”; 1925s onwards.

CountryCob · 15/09/2023 20:18

Having lived in period properties my whole life, renovated one extensively and with a family in the construction industry I agree that period properties are inherently prone to damp. Larger properties with good ventilation which are well maintained avoid this and are very comfortable. Small badly ventilated modern properties can be damp but that is nothing in comparison to the damp that can grow in poorly ventilated ancient floor voids etc and is mostly condensation and poor windows/ doors. For example wooden new double glazed windows with tricle vents are idea and cost thousands and take months to arrive. In my opinion the best house for many is the pre war semi with a drive and foundations and cavity walls. Foot deep stone walls also good but much less commonly found

Tartantotty · 15/09/2023 20:23

Pull out and now. Ask yourself why the other folk pulled out (probably not the mortgage story).

FrogSplash · 15/09/2023 20:24

I wouldn't touch this house with a barge pole. Let it go.

RedDogRobinHood · 15/09/2023 20:28

Sounds like you've had a very narrow escape in all honesty. As you said the planned work was agreed after your offering being accepted.

I'd cut your losses & run! Yes you've spent money on surveyors fees, etc but by doing so you have saved yourselves sh!t loads of aggro, hassle & money by doing so. Be thankful the helpful estate agent provided you sufficient information. The other one probably withheld it because he/she knew it could the sale, thus no commission for the sale going through.

Wishingitcolder · 15/09/2023 22:02

I’d pull out. We had to pull out of a house sale 8yrs ago I was gutted at the time but too many things were coming up, yes we lost money on the surveys etc. But compared to the hidden costs if we’d gone ahead. We found a better place with in weeks and I’m still relieved we never went ahead with it although I’d have loved living on that road. Turned out we were very lied to by the estate agent who was selling it on behalf of another agent who was living overseas as well.

Pushmepullu · 16/09/2023 10:25

Pull out. Houses reveal issues when you move in that weren’t identified in the survey. I think you will be pouring money into this house.
EA will put pressure on for a quick sale when they know there are serious problems. Friend’s daughter was being put under pressure, quite aggressively, by EA for a quick sale. Turns out her original surveyor hadn’t been able to access the back of the house, if he had he would have discovered the subsidence that would have cost thousands to fix.

Enthusedeggplant · 16/09/2023 10:27

I love Victorian houses but mould allergy and Victorian houses is a bad match!

FlamingoQueen · 16/09/2023 10:45

I get the feeling that something else is going on (not with you, with the seller/ estate agents).
I would pull out of the sale - it could be a massive financial headache for years to come and particularly if you have serious issues with mould.
I believe in fate - it could be that a near perfect house comes on the market a week later!

Imisssleep2 · 16/09/2023 12:39

Personally I would withdraw my offer and run a mile, go with your gut, wait for the right property to come onto market for you without all these issues. Yes it will be a loss of some money already spent but you will spend alot more in the long run, these issues you have mentioned are only the few you know about, there may be hidden ones you don't know about yet too. Don't do it.

Nononsensemumsy · 16/09/2023 12:42

Pull out, you’ll lose a bit of money for survey and solicitor fees etc but better that than finding you have to spend thousands rectifying something that is obviously more serious and the the estate agent has clearly tried to gloss over.

muddyford · 16/09/2023 12:59

Pull out. You'll be pouring good money after bad.

Elphame · 16/09/2023 13:13

You should pull out and buy a more modern property.

Nearly all period properties will have some degree of damp so would be unsuitable for someone with a mould allergy.

AliceOlive · 16/09/2023 13:16

The EA encouraged an absent owner to undertake work using a vendor they recommended and have used for their own properties? They played games with the offers telling you it was a cash buyer who won but now the buyer’s mortgage fell through? That’s really sketchy.

I am in US and here these things would be legitimate complaints for the Real Estate board.

TheNoodlesIncident · 16/09/2023 13:17

I would run a mile from:

a) this vendor
b) this house

There will be other houses that are better, there always is. Although it might take longer to find in the current market, maybe if you do a leaflet drop expressing an interest in suitable properties in an area you can afford? (Not everybody likes this but it can work...)

whynotwhatknot · 16/09/2023 13:18

nah too dodgy and yes EAs lie-all the time-nothing init for them to tell the truth they lose their comission

Immasucker · 16/09/2023 13:25

On the basis the EA lied, pull out

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