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| uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden. |
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In message , at
09:20:12 on Thu, 31 Jul 2008, Chris R remarked: If the buyer's solicitor's search show the absence of a certificate, In my experience that's not something that the "search" is looking for. You ask the vendor some questions like "did you have BC-notifiable work done", "please supply copies of the BC Certificate", "when was the boiler last serviced", etc. If the vendor replies "don't know", "can't find any" and "I've forgotten", what next, in practical terms? surely he will report that to the mortgage company? Unlikely (in any of the three items above, I'd have thought). I bought a house where the BC Certificate for some works was "missing". It turned out after *I* had enquired with the council, that the vendor had never had the final inspection done. But this didn't adversely affect my purchase, or subsequent sale, of the house. I would be nervous about buying a property without a certificate for significant works because of the potential effect on resale/remortgage prospects, and I certainly insisted on one for my own extension works for the same reason. If you are having work done, it's always a good idea to keep the paperwork. -- Roland Perry |
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Roland Perry posted
In message , at 09:20:12 on Thu, 31 Jul 2008, Chris R remarked: If the buyer's solicitor's search show the absence of a certificate, In my experience that's not something that the "search" is looking for. You ask the vendor some questions like "did you have BC-notifiable work done", "please supply copies of the BC Certificate", "when was the boiler last serviced", etc. If the vendor replies "don't know", "can't find any" and "I've forgotten", what next, in practical terms? A "difficult" purchaser's-solicitor might then make a big deal of it, either writing follow-up enquiries, or requesting an indemnity from the vendor, or even advising his client not to proceed. But solicitors vary. Many will just write a routine letter to their client saying, "The house has a garage that doesn't seem to have BR approval, so be aware of that if you choose to go ahead with the purchase." surely he will report that to the mortgage company? Unlikely (in any of the three items above, I'd have thought). It's possible; in fact, sometimes the purchaser's solicitor and the purchaser's lender's solicitor are the same person. But I don't think lenders really encourage their solicitors to fuss about missing BR approvals. It's not profitable. I bought a house where the BC Certificate for some works was "missing". It turned out after *I* had enquired with the council, that the vendor had never had the final inspection done. But this didn't adversely affect my purchase, or subsequent sale, of the house. No, it wouldn't normally, but in exceptional cases it might. Not because it makes the house less useful, but because it might make somebody *think* the house is less useful. Or that it might make somebody think that somebody *else* might think the house is less useful. And so ad infinitum, to the great enrichment of the legal profession. I would be nervous about buying a property without a certificate for significant works because of the potential effect on resale/remortgage prospects, and I certainly insisted on one for my own extension works for the same reason. If you are having work done, it's always a good idea to keep the paperwork. Yes. Mind you it can get out of hand when you've lived in a place for many years. It's like doing your tax return - there's always one stupid little bit of paper you can't find when the time comes. -- Les "God will save her, fear you not, be you the men you've been. Get you the sons your fathers got and God will save the Queen." |
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