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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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We are selling our 16th C half timbered house. A full survey

Resolved Question:

We are selling our 16th C half timbered house.
A full survey has been done, and the surveyor suggested that a further inspection was done to see what was behind a facia covering a structurally important beam.
We got an expert out, who said that he believed it to me cosmetic in nature, but have a fee for removal of the board and a report.
The fee was accepted by the prospective purchaser and will be paid to the expert.
After removal of the facia, the expert confirmed his view that it was structural in nature.
Given that the prospective purchaser instructed and paid the expert, who would be responsible for restoring the facia if the purchase falls through?
Regards
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
A purchaser only assumes responsibility for the property once completion of the tranaction has occured (albeit that it is obviously in their interests to insure the property upon exchange of contracts due to the legal obligaiton to purchase the property regardless of what condition it is in at completion).
Unless proposed purchase has expressly accepted responsibility to repair the fascia then he is under no obligation to pay the costs of the repair if he pulls out of the transaction or if it otherwise does not proceed to completion. The fact that they have paid the fee for the expert is immaterial, it does transfer continuing responsibility for the issue unfortunately.
If the transaction falls through then it will be up to you to decide whether or not to have the repair carried out and you would have to pay the costs of this.
I am sorry.
Kind regards,
Tom
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