hi i will try and help
i have been in this position unfortunately as a legal advise and it isn't the easiest situation unfortunately as no one wants to take the the blame/responsibility.
have you had the costs of a further survey advised to you ?
just to clarify, what are your solicitors saying. Are they saying they wont proceed at all?
Ok. very difficult when you have that situation. i will tell you a similar time i had with a client and see if this helps.
I did an environmental search that revealed a moderate ground stability. it was somewhere near the south east of England, near the coast. I faxed the mortgage company (they happened to be the Woolwich i remember !). They basically replied it is up to you, if you can certify that the property is OK they they would release the money, leaving the decision up to me (typical lenders!!). I said to clients we would need a further survey, which I think cost £35-40. The further survey revealed nothing. The client wished to proceed and so I asked them to sign a disclaimer waiting any right oo sue me if anythign wet wrong, I certified to the lender and we progressed to completion
i cannot of course comment on whether this would be your solicitors decision (that is up to them) but that is one way to get around the issue
risk is subjective...yes, i mean it it is always worth getting the best survey possible. But (whisper it..
surveyors are fallible, as we all are) at the end of the day there is risk in everything (think sinkholes etc) but as you say (before I hit return too early!) the house has been there a good long while. Everything is a risk but I have the say that I have been in the game long enough to know that risk it like a hot potato. You just have to make sure it doesnt land in the solicitor hands
get the next survey and if you are still comfortable then see if the solicitor will proceed with the disclaimer
yes no problem. Be grateful if you click to leave me positive feedback that way I get paid for my time. The question wont close and you can come back and ask further questions later on. Would be interested how this one turns out for you !