How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7673
Experience:  UK solicitor holding an England and Wales practising Certificate.
Type Your Property Law Question Here...
Thomas is online now

We are selling our 16th C half timbered house. A full survey

This answer was rated:

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?
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,
Thomas and other Property Law Specialists are ready to help you