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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience:  Solicitor with more than 30 years experience
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My daughter has exchanged contracts on sale of house and due

Customer Question

My daughter has exchanged contracts on sale of house and due to gain possession on Monday 28th October . She has paid deposit and solrs fees and obtained mortgage £160k. On Thursday evening her husband called at house they are buying to pay for some items vendor was selling. When shown into house he was shocked to find a set of double upvc doors erected between family room and sun room. He asked why they were installed and was informed by vendor that they had to be put in place or else a Daniel and Lynsdsey would not has been given a mortgage. Neither party was aware that there were issues and would have certainly not progressed with the sale if these doors had been in situ when they viewed and made an offer for the house. The integrity and fabric of the downstairs layout of house has been compromised and the space is now not workable for them and does not meet their requirements. The vendor informed Daniel that there were only out in place using 6 screws and he would give him the details of the contractor who fitted them. My daughter is understandably upset and contact her solicitor on Friday morning 25th October who have informed her that she must proceed with purchase or she is in breach of contract and it would cost her thousands if she did not.. The solicitor has told her they will pay to have offending doors removed but this is not the answer as my daughter will be unable to sell the house at a future day as this problem will still exist [ no mortgage lender will give mortgage with no doors and no purchaser will want to buy with them in place. Please can you give me some advice as her solicitor who dealt with the purchase in on leave until Mon 28th and the other solicitors in the firm are unwilling to take responsibility and it will be too late on Monday.
Submitted: 4 years ago.
Category: Law
Expert:  Senior Partner replied 4 years ago.
Hi I see this question haas been unanswered for a while. In case you do- I am afraid unless the contract says any different the property was at your daughter risk from exchange of contracts. She is not entitled to refuse to complete. It is unusual for a seller to make alterations but they are not prevented from doing so although you might possibly have a claim for the cost of reinstating the property but again this depends on the contract,

If there is an issue on the layout of the property fro a planning or building perspective this should have been identified by a surveyor who could be liable but if your daughter failed to have a survey this may be at her own risk.
She should ask her solicitor if the issue was disclosed by the seller - who obviously knew about it and whether there is any possibility of a misrepresentation claim but it sounds as if she is stuck with completing .