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Advice: Vendors completing works prior to completion

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  • Advice: Vendors completing works prior to completion

    HI All,

    I am new to this and need some advice.

    I have found my dream house, and have had an offer accepted based on the vendor completing some damp proofing works prior to completion. Both mortgage survey and independant structural survey have been completed and all is good apart from the damp works already identified.

    I have seen the scope of works the damp proofing company are proposing to undertake and am more than happy to proceed if these works are completed.

    I am unsure of the process for getting these works undertaken...

    My Position: I think i need to get the vendor to instruct (or atleast book in) the damp proofing company and obtain a date for the works to be undertaken. This will allow exchange and allow a completion date to be set as we will have details of when the works will be started and completed. The vendor will have 14 days (or whatever they nogotiate) with the damp proofing company to pay the invoice. We will arrange the completion date so this fits inside the invoice due date so the vendor can pay the invoice from the money recieved from the purchase.

    Vendors position: I have spooken to the vendor and he was keen to get the works done asap. It appears the estate agent has told him not to proceed until exchange. But how can we exchange until the works have been booked in because we cannot set the completion date without the works being booked in and an indication given as to when they will be completed. I understand where they are coming from but we will go round in circles otherwise...

    Is there a standard procedure for this, or standard wording i can adopt in the contract to cover my ass. Worst case for me, i pay a deposit, vendor doesnt complete works, i have to back out and loose my deposit.

    Am i being unreasonable to ask the vendor to provisionally book in the damp proofing company so i know when to set the completion date...

    So many questions, any help appreciated.

    If you are wopndering why i am not asking my soliditor, i thought i would ask here for free before i may incurr cost.... moneys tight

    Thanks

  • #2
    i think the best solution to this is that as a condition of exchange the vendor must complete and pay for works prior to completion. if he does not comply with this condition then you would be within your rights to pull out, deposit in tact and bill the vendor for all costs involved.

    unfortunately you will need to discuss this with your sols to do this but it should not mean much if any additional costs and if the vendor won't play ball with what to me seems like a quite acceptable offer, then you have no choice.

    I hope this helps.

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