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Old 14 July 2004, 03:12 PM
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alcazar
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Question Selling a house. Whose responsibility is......

..........the survey?

I say it's the buyers who organise it and pay for it.
My 90 year old dad, who knows everything, says it's now the seller's responsibility to organise, and pay for the survey, and the seller must also co-operate with the surveyor in that the seller must disclose everything pertinent about the property, whether or not the surveyor finds it, sees it, or asks it.

Who is right, please?

Alcazar

BTW: it came up in an argument yesterday about someone we know who is selling at the moment.
Old 14 July 2004, 03:13 PM
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imlach
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It is the buyers responsibility for now, but see here.....

http://news.bbc.co.uk/1/hi/scotland/3891087.stm

Last edited by imlach; 14 July 2004 at 03:24 PM. Reason: Doh! Mixing up buyers & sellers!!
Old 14 July 2004, 03:15 PM
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imlach
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Also remember, the seller is not going to commission the best survey on behalf of a buyer. Also, would the buyer trust it?

Even if the above scheme gets off the ground, buyers will still get ther own surveys in some cases IMHO.
Old 14 July 2004, 03:20 PM
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imlach
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Originally Posted by alcazar
the seller must disclose everything pertinent about the property, whether or not the surveyor finds it, sees it, or asks it.
No, a seller does not have to reveal everything. It also depends on the wording of the schedule - for instance, if the house is sold with the central heating "unwarranted" for example, then if it doesn't work, then there is no comeback as it was sold as "perhaps not working".

However, if the schedule mentions "central heating" with no indication of condition, it is assumed to be working. If it does not work when you move in, you generally have 14 days to contact the seller to get some recompense to fix it.
Old 14 July 2004, 03:22 PM
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Nimbus
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Eh??? It's up to the buyer to commission the survey isn't it??
Old 14 July 2004, 03:28 PM
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alcazar
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Originally Posted by Nimbus
Eh??? It's up to the buyer to commission the survey isn't it??
That's what I thought

Alcazar
Old 14 July 2004, 03:30 PM
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Maybe they are talking about the system in Scotland

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Old 14 July 2004, 03:32 PM
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imlach
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Originally Posted by Nimbus
Maybe they are talking about the system in Scotland
Nope. The buyer commissions it up here in Scotland too.....this pilot scheme to get the seller to commission one only began today, and only in 4 tiny areas of Scotland.
Old 14 July 2004, 03:33 PM
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alcazar
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So when did the new system start? When I bought this property 15 years ago, we payed for, and organised the survey?

Alcazar
Old 14 July 2004, 03:36 PM
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imlach
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Originally Posted by alcazar
So when did the new system start? When I bought this property 15 years ago, we payed for, and organised the survey?

Alcazar
The new system in Scotland is a pilot scheme, and is only in 4 small areas of some cities.......

It is still optional as well - no-one will force the seller to adhere to this pilot scheme.

For all other areas of Scotland, and the UK, the buyer still commissions the survey.
Old 14 July 2004, 04:59 PM
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Nexuas
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The idea behind the scheme is that less transaction should fall through as the basic survey's should have been done before the property reaches the market. This way you will only make an offer once you are sure the building is structally sound, no planning issues etc...

If the buyer wishes to have more in depth survey they can, but I think this will have to be completed before an offer can be accepted?
Old 14 July 2004, 05:04 PM
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Not a bad idea - I'm still waiting (and have been for well over a month now) for the buyer to get a drainage survey back from the environment agency. He's ar5ed around so much - the original offer was accepted and confirmed on 6th April and it's now mid July...

I managed to get hold of the environment agency myself today (gave up waiting for purchaser to get their act together) only to be told that the only person who can do that survey is on holiday till Monday!

x 1,000,000,000,000 (how the **** do you type the infinity symbol on this thing..... )
Old 15 July 2004, 09:33 AM
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Brendan Hughes
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I remember they were piloting this around 1999, under the English legal system (around Wales and West Country IIRC), and the pilot showed that it didn't work very well. I haven't heard more.
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