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.

They sound unreliable and untrustworthy. I would offer as if the damp problem had not been addressed based on the original survey. Or you will need another survey and that will be costly. But if you think this new work might not be up to standard not sure if I would go ahead.

All the comments stating period properties, especially Victorian ones, will be damp are not correct. Period properties renovated with modern plasters are more likely to suffer issues than those still having original or new lime plasters, which allow period properties to breath.

Any properties of any age can suffer damp from not being ventilated properly, incorrent damp coursing, leaking pipes and guttering etc.

@Periodpropertyfan it sounds as though you do have an understanding of period properties which is good!

Reading your posts, I would take a step back to look at the situation with this property. What information do you actually know? What are the problems and what can you do about them? How do you then proceed?

With the info you have provided I would say the EA is most likely getting a kick back from the builders/damp proof companies for this property. I would also guess the vendor is not being given full information as to what is being done to the property (traditional methods not being used) or does not want to know or understand the implications.

Do not believer anything the EA is telling you, the asking price offer is standard weasel tactics from EA sadly.

If you still want to purchase the property I would do the following:

Download the registrations details from land registry and hopefully the owners details will be there, possibly think about contacting them directly.

See if you can stop the work being done, speak to the surveyor or have a period surveyor look at the property again to gain a full insight into what needs doing, what needs to be redone etc. This will be easier to get through to the EA, if the owner is on board with your requests - if not you may find the EA will not entertain it, but you will only know if you try.

Once you have gathered more information, only then decide if you wish to proceed with the property and at what price, from the asking price to lower offers, then proceed accordingly with the owner/EA.

No don’t get the house. I looked at a property like this and vendors (landlords lived away from area) said it was all fixed. It was side on to another house and I went and knocked on their door with my baby (think that made them over share). The vendors had spent a months and multiple attempts to fix the damp, including chemical waterproof requiring access through the neighbour’s garden and scaffolding, and they showed me the side you could only see from their garden and it was all blown out. Thank goodness for the neighbour’s openness. There will be so much more you don’t know or even the vendor doesn’t know because they’re not there!

2 years later I’m in another Victorian house, that needed doing up after 50years with one family but at least there’s no bodge jobs to fix. It takes a lot of time and money to chemical injections, you basically slowly chip it away. The other house is back on the market (and yes I’d paid search and survey fees already) after two years owned by a young family.

Another house will come up, don’t saddle yourself with this.

I think you need to walk away.
As much as you love it realistically this isn't work people carry out knowing they have accepted an offer, they price accordingly knowing the work needs doing and sell as is.
None of the situation sits right with you for. Reason.
Yes you will loose money but it's probably a great deal less then what you will lose if you have to do repairs to it all.
Plus what else will you discover

Definitely walk away. They’re butchering a lovely house by the sound of it, which is horrible, but nothing in your posts suggests to me that you’re made of money and can afford to undo all the damage just for the fun of it whilst living elsewhere, so I really don’t think you need the problems!

I'm the sort of person who if I love something will convince myself it Will All Be Ok. On this occasion even I would say no it won't be ok, and cut my losses. The possible consequences if this work isn't right are overwhelming.

Estate agents can be a nightmare and cause so many problems. Numerous friends and family have had this and found out the agents have been lying/incompetent/giving misinformation etc which has either heavily delayed or prevented the sale going through. As others have said, I'd pull out and not use those agents again.

Also all those suggesting estate agents price a house according to work that needs doing and you shouldn't try to renegotiate- what nonsense! They price a house at the top end of what they expect it can be sold for, recognising buyers will offer less for something that needs work. But they aren't surveyors and of course if a surveyor uncovers some substantial issue you should be able to reduce your offer. Why on earth would you trust the estate agent whose role is maximising the purchase price for the benefit of themselves and the buyer to give you a fair deal?

Realistically it doesn't sound like the work is being done to a high standard, plus I wouldn't be too surprised to find you will be left with walls with plaster hacked off and not replaced, damage etc. It's a shame but I'd be seriously rethinking this one.

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

This would really out me off. They sound like they are doing a slap dash effort that will cost you money to un-do and then fix the original problem. The estate agent also isn't a surveyor.

I can't vouch for them and I'm not associated with this company, but it's worth visiting this website to read-up on period properties and the damp industry -

https://www.heritage-house.org/damp-and-condensation/managing-damp-in-old-buildings.html

Yeah. Seems like there's a few prickly and defensive posters on here who are unhappy at seeing so many potential buyers questioning damp and enocuraging the OP to pull out or reduce her offer.....I mean.....THE VERY NERVE.

Lesson - don't sell houses in shitty conditions. Look after them properly and make sure that things like this are fixed before selling.

I would pull out. I refurbished a Victorian property recently and had to remove all the lathe and plaster and begin from scratch - so much dust. I am fortunate that I don't need to live there. I had to basically gone back to a shell and ended up rewiring while I was at it, the interior of the house is effectively totally new. I would not advise buying the house from this vendor at all. Who knows what other horrors you will find? I doubt you will want to live there whilst the work is done, it's nightmare to clean after too.

Walk away and start looking at other properties.

@Periodpropertyfan you say you’ve spent a fair amount on a surveyor, but this precisely why you did - to get a thorough understanding of the issues and potential issues. Sounds like you had a great surveyor and it was money well spent, to me. I’d pull out. Gypsum plaster is a recipe for disaster in a Victorian property, let alone one which already has damp issues.
Unless of course it’s your absolute dream forever home regardless and you have a large pot of savings to spend on rectifying and can afford not to move in right away.
Disappointing but period properties really need to be looked after, otherwise you’ll have no end of trouble.

Structural issues with the house (if these very serious?) would need to be declared to your mortgage lender, since it’s relevant to the loan they are offering you, not doing so would be mortgage fraud. If your survey proves house is worth less, and presuming you will be taking a mortgage, what was the banks opinion of the property value? This will be the test the vendor is most likely to be interested haggled on. I received a down value on an Edwardian property many years ago - in the end the agent leaned on the vendor to accept that whatever the bank had valued it at - was what it was worth. I’m not your agent honest!

I’d pull out. You can’t trust the estate agents, who will want to get this place sold asap and move on. They don’t know the first thing about the house problems, and whether the work is right, yet are arrogant enough to contradict expert advice from your surveyor. I think they’re lying to get a quick sale.

A house I viewed had damp. The bank wouldn't agree to a mortgage without a damp treatment course being paid for out of our pocket! Which I thought was very strange and moved swiftly on!
I'm wondering if the estate agent isn't being honest with you about why the other buyer pulled out.
I'd definitely pull out. Its already a nightmare and you'll end up hating the property if you move in.

Pull out. It is going to cost you an heck of a lot of money to rectify the chemical damp course, replaster and lower the driveway. We live in a semi detached period property and ours was done properly ( batoned out then re plastered and vents replaced) whereas next door did a chemical damp course. Their brickwork has started crumbling, the wood under their flooring has dry rot and they have massive damp problems in their living room because of this chemical that was pumped into the walls.

2 options

• pull out
• delay exchange and completion until the works are completed and signed off by the building inspector.

What a bloody mess.

Good luck x

Don’t buy. With a mould allergy I’d be very careful buying a Victorian property. And would definitely not buy this one. 2 previous buyers pulled out, you’ve paid for a surveyor who has told you the issues and then you would still buy- wasted that money on surveyor if you disregard what he said. Come on don’t let your heart rule your head.

Nope. I'm an architect. Run.

Walk away, sounds like too much stress to me. Everything happens for a reason and the house you’re meant to buy instead will come up x

Why are you looking at period houses if you are disabled by mould? Buy a newer house.

I think for the sake of your serious mould allergy, looking at a more modern property might be better. I know a modern property can get mouldy if not properly ventilated but is less likely to have existing damp problems.

also from owners point of view, buyers often come and go and he wants to remedy this problem (whether or not it’s what you would have done to the house) so it’s not an issue for him selling if you pull out.

Agree with the majority - I'd retract my offer. I also would avoid viewing any property listed by the same estate agent.

And sacrifice your health on top.

Don't do it