Friday 12 October 2012


Buying a House? - HAVE A SURVEY!

It is most important for you to know that when buying a property either new or old it is sold "as seen". If you buy a house and find that there are problems with it, for instance damp or a defective roof, then, except in very limited circumstances where the seller has made representations or comments, you have no claim against the seller whatsoever. It is therefore vital to have the property surveyed prior to committing yourself to buying it. If you are having a mortgage, your mortgage lender will have a valuation carried out. However, this valuation is usually of a very limited nature and is purely to enable the Lender to assess the value of the house and, crucially from the lender's point of view, whether if sold, it would realise at least the amount of the mortgage loan. It is a valuation not a survey and if problems come to light after you have purchased you would have difficulty in bringing any claim against a mortgage lender's surveyor.  Quite often the Mortgage Lender will give you the option of having a fuller survey carried out at the same time as the mortgage valuation and that is generally the most cost effective option. However, if you wish us to advise or recommend a surveyor to carry out a survey on your behalf we would be pleased to do so. Contact Tom O'Neill or David Bennetts in Lancaster (01524 386500) ton@bsglaw.co.uk drb@bsglaw.co.uk or George Mercer in Preston 01772 253841 gam@bsglaw.co.uk

 

Remaining with the physical condition of the property  -  it is also the responsibility of the buyer of the property to check and ensure that all of the services are working properly. This is especially important in relation to central heating. Unfortunately, if you move into your new house and find that the central heating boiler does not work then, once again, you will have no claim against the seller of the house and almost certainly no claim against the mortgage lender’s surveyor. It is therefore most important that before you commit yourself to buying a property you carry out any checks and inspections that you require.