How did your own solicitors know about this? Did the factors letter mention it? If so, in terms of the standard missives the seller should be reposition for he cost of these works and typically a retention would be made form the price to cover the cost. Please explain the situation a little more, particularly why the transaction has stalled because of this. I am a solicitor in Glasgow and can hopefully help you to find a solution.
if the surveyor didn't know, the solicitor didn't know and the factor didn't know, how did you find out?
The vendor isn't responsible as caveat emptor applies and unless there is any material non disclosure by them which is covered in the missives (which must be concluded) then you have no recourse against them. You would have a claim against the surveyor if you can establish that no surveyor of ordinary competence would have failed to notice the defect. You would also have to be clear that the Home Report doesn't contain any disclaimer for this type of defect.
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