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.

Pull out.

I think you would be mad to buy it. A case of good money after bad but in a huge scale. Have you spoken to your solicitor? After the work has been done there should be another survey done to see what damage has been caused by the "improvements ".

There are other houses out there.

Please listen to what everyone on here is telling you!!!

Personally, speaking from experience, my old house was a grade 2 listed 1840’s house and my current 1930’s which was single skinned with black mould everywhere and half was a year down amongst many other ‘surprises’ like twisted roof joints requiring a new roof….you’re going to face these issues on any period property. If you’re set on a period property it will be some other issue because over the years someone will have done a bridge job due to lack of money/cowboy builders/lack of knowledge/suggested methods changing.

If you like the house and have the patience to sort the damp, then go through the motions. However know it will be lengthy and exhausting. Otherwise just avoid period properties.

Our old property had rising damp from the basement too so we had to get a specialist in and fortunately due to the ground the basement was built we didn’t need to retank as it would have worsened the situation.

I would ask if you can get your own specialist in to see if they agree with the approach on the work and if so, continue and if not then you consider renegotiation. If they don’t wish to budge on that then look elsewhere.

It reads to me that they accepted your offer, but expect the sale to fall through (maybe because the previous ones did, or because they want to see if they can get a better offer) so are going ahead with the work.
In any cases they (meaning the landlord and/or the agent) are leading you on so I would pull out.

If you have issues with mold, I would avoid any old property and stick to a recently build brick house. I don't believe damp or mold can be completely got rid of. Once mold spores set in, they spread all over the house and live on almost any texture. If you do remedial work, they will come back eventually. We saw a great hose recently, which was neglected and the black mold set in a wardrobe. The whole house absolutely stunk. I was in and out in 2 minutes, then was feeling ill for 2 days. Buying a sick house is an expensive mistake to make - both financially and medically.

Definitely pull out and don’t be tempted to throw good money after bad. Also, change your estate agents!!!

Thanks, good suggestion.

Thank you. We're viewing the property again this week, so will take a final decision when we see the state of the works ourselves in the flesh and can ascertain how much damage has been done. Agree with you about the EA getting a kickback from the damp proof company - that was the impression our surveyor got when he met them...

Following this thread, very minded to pull out though, rather than attempt to renegotiate.

Given we seem likely to be looking at continuing price falls for the next few moths, there seems no urgency to rush into overpaying for a house with significant issues.

And good to hear from someone who gets why we are actively looking for a period house! Our current home is late Victorian and it couldn't be more snug. Ditto the house I grew up (well, that was Edwardian). No hint of damp in those, or other period houses I've lived in for shorter periods of time. Whereas we've suffered from damp issues in 3 rental properties - all modern (1960s on). To a disabling extent in the last one.

Nothing would make me want to go for an airtight modern house that can't breathe, that traps moisture. I last needed a prescription for inhalers over 5 years ago, when we moved into this house - my asthma has completely disappeared here, compared to our last house, where I could barely function for 6 months of the year.

Of course period properties can have damp issues - but if properly maintained, there is no reason why they should. But unfortunately, the house we were looking to buy has not been properly maintained by the current owner - a huge shame, as it was a lovely house till 10 years ago. 😢

Thank you for your comment - so sorry to hear about your health issues also caused by mould, and wish you better.

Yes, health is priceless.

Very much leaning towards pulling out after the surprisingly unanimous response on this thread. And thanks again for taking the time to comment.

"Nothing would make me want to go for an airtight modern house that can't breathe, that traps moisture"

We live in a modern house built 15 years ago, but I would not call it airtight as it gets cold on windy days. A modern house gives you options for ventilation like vents in the tops of the windows and the openable windows, which you can lock on small gaps. I open mine every day and sleep with open gaps.

Any moisture will get trapped in any house if you don't ventilate it. We open windows when we cook and have showers and we get no mold or damp. There is also mechanical ventilation in the kitchen and bathrooms.

I lived in a Victorian house, in the 60-s house and in a modern one. The Victorian one was a non-stop maintenance with jobs like leaky roof or re-pointing the brickwork, not to mention ground water under suspended floors. The 60-s one did not give me any trouble but was almost as cold as the Victorian one. Not all modern ones are bland, ours has a turret and bi-fold patio doors with amazing views. It has underfloor heating, which we only use for 2.5 hrs a day at the most, and even when you go away and there is no heating, the temperature indoors does not fall below 18 degrees.

But if you love period properties - then of course you would always go for them.

Alarm bells ringing. Pull out. It'll cause less heartache in the long term. Good luck

I would speak to your solicitor and put your offer on the outcome of an independent building inspection on the work and share with the vendor the results of your survey. They may not be aware!

🙄Jesus....you come across as either privileged or a boomer who hasn't the faintest idea of today's market.

It's not as easy to just buy a newer house. Even they have their own issues. Very new builds in particular seem to be shoddily constructed, with just an inch of soil under the grass (good luck having a normal garden with that), some have been built in stupid places that are on or close to flood plains, and then a lot of newer builds in some areas are poisonous leaseholds.

From experience, I cannot stress enough to NOT LISTEN TO ANY ADVICE FROM ESTATE AGENTS. They will never have your interests at heart, they’re there to hurry the sale along. We purchased a house with a half finished loft conversion which was meant to have been nearly completed (estate agent wrote in an email: ‘the seller has told me that we’re just waiting for the final building control sign off letter’). They weren’t, they lied and we were liable for the costs. I tried to push it back on them, quoting the above and was met with a load of legal spiel saying we are liable for obtaining legal advice, and that they were the messenger between us and the seller. I think you are feeling similar to how I felt prior to completion. Looking back we let our heart rule, buried our heads in the sand and were extremely naive. We absolutely shouldn’t have purchased the house and had years of stress. And of course the problems we knew at completion were scratching the surface. Don’t do it.

All I'll say is that the estate agent does not work for you. They work for the vendor, and they are often paid to sell a duff house.

Take care, guarantee may not be transferable - or if it is you will have to be very careful to have it transferred to you in the correct way.

The vendor owns the house, not you, he/she/them/it doesn’t need to ask your permission to have work done to a property THEY own, not you.
having said that, your survey is now null and void; a second survey is now required post completion of works: then you have a few options -

accept That the work is done correctly.

withdraw your offer

renegotiate the terms.

you are buying an old house, it’s going to be full of issues. You just need to pick your battles.

you have no right to dictate work done to a house you don’t yet own. Also, the mortgage company (the true owner of the property) will, I’m sure will insist on a trust worthy survey

Nowhere have I suggested I have a right to dictate what work goes owner does to their house.

But there's a big difference between my dictating what work they may do and them communicating with me as a buyer whose offer they have accepted, an offer which was based on facts about the state of the property which were not true.

I do think I have a right to be told if they are commissioning major work to the property that will affect it structurally and affect its value, when we have agreed an offer already, particularly when they are pushing me for a quick sale but their own paperwork states the plaster will take a year to dry out.

I don't understand this tolerance for dishonesty. Would YOU be happy to buy a property that had major long-term work being done to it that you hadn't been told about and that would mean you could live in the property for a year?? Really??

Very good point, thank you.

Can I ask if this property is in Cuckfield? We have had a very very similar experience with a vendor/ estate agent -
so similar it could be the exact same property!

Just as a matter of interest what were you intending to use instead of the chemical damp course?

Easy answer - WALK!

Doing the work after your offer was accepted is neither here nor there. It’s still their house and you knew work was planned. But if you have a serious mould allergy, why even consider a house with known damp issues?

You have directly suggested in the heading of the post….. have a little read of it and let that sink in…

they own the house. Not you. If they decide to do works to improve, better it, OR to mate it mortgageable, that’s their pigeon, not yours.

you need to commission a survey, post works, and go from there. You’re letting your heart rule, and asking for an answer to a question which you probably already know the answer too, in the hope you’ll get the answer you want.

let the solicitors and surveyors work it out, they trained for this. I’m yet to hear of a house sale completing based on free advice from mumsnet