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

[Periodpropertyfan]

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.

Obviously you should pull out. You do sound inexperienced. Your posts are full of statements about what you couldn't do; what you couldn't ask; why you had to offer the full price. You have been manipulated by the estate agent because everything you thought you couldn't do - a more experienced buyer would have done. An experienced buyer would have said, we want approval on the damp course works if we're buying. They'd have said we're not paying full asking price because a sale has already fallen through and we need to spend money on the property. They'd have said the drive and drainage needs remedial work so we're subtracting that from our offer.
You're unlikely to find a Victorian property that doesn't have damp or asbestos issues; that doesn't need work (whether maintenance or extensive) on the roof or gutters or chimney stacks; that hasn't been decorated in a way unsympathetic to the original period. You need to think about whether a period property is for you because it's unlikely any period property would be suitable.

pull out

The agents are only interested in the sale, and certainly not your health.
It sounds to me like the vendor is making largely cosmetic improvements only.
Look elsewhere.

It actually sounds that the vendor is acting responsibility in getting the work done. Most buyers want work remedying prior to moving in. The estate agents have said that it's done to a high standard, so why not wait and get it resurveyed again once the work has been completed and dried out? Why would you do the work yourself if you wouldn't be able to move in due to your mold allergies until the work was all done? I'm not sure that I understand the point that you are making here. If you're not comfortable then full out and buy a modern house instead.

I would not buy this. You will find more issues!

You are already having nightmares over the house and you don't even own it! Pull our and rest easy again. The right house for you will come along.

This is not the house you are destined to buy.

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

Why are you even entertaining this then?! 💀

Clickbait

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.

@Periodpropertyfan - there was an article in the Times yesterday about how desperate estate agents are to close deals. As the property market is stagnating the average estate agent's monthly commission was 23% last month than August 2022.

Don't be pressured into anything.

If you have a damp allergy don’t buy a Victorian period house. I’d say 100% have some type of damp.

I would t touch it with a barge pole!

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 ...

I doubt it; as with the story about the previous buyers it's much more likely to be estate agent flannel to get the place shifted, and don't forget they've no responsibility to you at all

Your own surveyor, on the other hand, has - and they've said quite clearly that what's probably a cheapie bodge job is likely to have made things worse.
On that basis I'd pull out completely

If you have a mould allergy don’t buy a damp house. Look for something new.

If he had started the work before your offer, then would you have been happy anyway? It sounds to me that you're unhappy about many things here.
You are unhappy that the work didn't start sooner, but also wanted control over the works. I'm afraid that it's not your property so you do not get a say and the owner does not have to tell you exactly who he has employed to do the work or exactly what is being done, even after your offer has been excepted. It's a bit much to expect to be able to be so involved in repairs that are being made. I think that you should have waited until the works were commenced before spending money on a surveyor. You have said that you won't be able to move into the property for a further year now as the property now needs to dry out. I'm just curious as to what type of remedial works you would have proposed that would have allowed the work to have been completed quickly and would have guaranteed that the property would be fully dry in a much shorter time period? You mention that the fabric of the building has been extensively damaged by his treatment. What exactly do you mean by this? What specifically would the vendor have to do to ensure that you were happy? What remedial action would now be required and what would it cost? Those are the specifics that you need to establish. By all means now that you have your surveyors report, you can go back highlighting these issues and renegotiate. I would highly suspect that the owner will simply send you on your way and find another buyer who would accept the works done, particularly if guaranteed. It sounds to me like a big issue is your anxiety over your mold allergy/health issues, coupled with (forgive me if I'm wrong) inexperience/being a first time buyer. Buying is enormously stressful, you rarely have control over the process and it is extremely rare for surveyors reports not to come back highlighting issues, especially in older properties. Don't forget that the surveyor is also covering his own back by pointing out the worst case scenario. I would put this down to a learning curve and move on as I don't think that whatever the owner did, he would now meet your approval.

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

The Estate Agent is not a party to any contract in the purchase/sale and cannot act as a guarantor for the quality of the work, what they've said is on a par with car salespersons saying Only driven to church by a little old person, ie it's flannel that has no legal standing.
You'd have to be mad to continue, even without the health problems, buying old houses presents enough later issues without buying issues you know about!

Walk away, by the sounds of it they are well aware that there are major issues given people have pulled out before. Having it fixed (likely on the cheap as a temporary measure) is being done to prevent you saying x is a major issue and needs x amount to fix it. They are literally wallpapering over a crack! It's one thing finding this out after it's gone through, but you know what they are up to, run in the opposite direction! There's other nice houses out there, something will come on, sit tight!

If this house just came onto the market would you buy it? I imagine you would view it but once you saw the work being done would you make an offer? And how much would you offer? Starting from this position might help you see more clearly how to proceed.

I know you have invested financially and emotionally but there is ALWAYS more to do in a new home than you expect, ime. Unless the damp treatment work can be stopped or altered, the problems with this house are going to prevent you enjoying living there.

Sounds like a money pit! Most period properties are to be fair but huge damp issues when you have allergies on top of that would mean it was a no from me!

We live in a Victorian house and while I love it, I’m not sure I would buy another.

talk to your solicitor and ask their advice on both pulling out as they’ve changed what you offered on or contacting the vendors without the estate agents involvement and going from there

This is a mixture of truth but mostly nonsense. As I posted upthread, I currently live in a Victorian property and have lived most of my life in a range of period properties. The idea that all period properties suffer from untreatable damp or asbestos is ludicrous. Of course they can suffer from these things, as can any property, but in general, Victorian properties were built to be breathable naturally, and except where, as in this case, an owner has gone out of their way to damage the fabric of the property, there is no reason why damp should be any more of a problem with this kind of property than any other. This house had no major damp issues until the current owner bought it ten years ago, and started ousting a new drive, painting ug with plastic paints, etc. We will continue to look for a period house.

Likewise your suggestion that we would not plan to ask for a discount for the cost of eg drive or drainage work if we were planning to go ahead with the purchase exists only in your head - of course we would. Except that, following the pretty unequivocal advice on this thread, I am strongly minded to pull out of the purchase, pending a final visit to the property scheduled for this week.

Where your comment is fair is that yes, it has definitely been a learning curve in that this is the first time I have offered on a property where the vendor then undertook major work without telling us after accepting our offer! It's also been helpful in revealing an estate agency I do not trust and will avoid in future.

As I said, it does read like my estate agent has found this thread! If so, I hope she learns lessons that a little honesty will go a long way - had she just been honest and communicated properly, we would now be going ahead with the property purchase, at a reduced but fair price to allow for the necessary work and she would shortly be getting her bonus! But guess maybe she's inexperienced too.

I would pull out, and if at all possible, let the vendor know exactly why, and that in your opinion, they are being misled by their EA.

It does sound very strange behaviour from the vendor.

If it were me I would just make a clear statement that you are concerned at the work that is being done, and that it will cost you extra to have it undone if you carry on and buy the property.

Suggest that the vendor stops this work or you would have to seriously consider withdrawing your offer.

See what happens, take it from there.

OP your response to me makes no sense. I didn't say the problems in Victorian properties were untreatable and I never once defended the estate agent. I said they had manipulated you. And I started my post by saying you should pull out. This isn't the house for you.
Also renting a period property is very different from owning one. If you like the aesthetic of older properties, it might suit you better to buy a conversion - modern internals with period features.

Walk away!