flat access


F

FJDx

I have submitted an offer on a property (in Scotland) which has been
accepted and the date of entry is in about 6 weeks time.

Due to the time scales involved, I was only able to see the flat once
(wish I had more time to see it a second time before deciding but there
was a quick turn around due to it being fixed price). I tried to gain
access again when the surveyor went along but was refused.

I know that they are probably wary of me changing my mind if I do see it
again which is understandable. However, I have no plans to back out now
and only want to see it again so I can get an idea of furniture etc. As
this is my first flat, I will be buying everything from scratch and I
don't want to have to wait until the entry date before ordering a sofa
etc which could take months to deliver.

What are the chances of gaining access again before entry date for this
purpose? Do I arrange this through my solicitor or the estate agent? Is
there a 'missives' date, after which the seller might thing it to be
'safer' for me to gain access? When is this usually and is it a case of
signing something to say I am definitely going through with the sale? My
financial advisor is currently helping me arrange my mortgage and the
survey report was fine.

I was also wondering about things like electrical goods (which are
included in sale) and the central heating system. What if I find faults
with the property when I move in? Is this something I just have to
accept or should the sellers make sure everything is in order before I
move in? When my friend bought a new build, there was a snagging period
but this is a completely different situation.
 
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J

Jon S Green

FJDx said:
What are the chances of gaining access again before entry date for this
purpose?
Seems to me you'd be better off asking in uk.legal.

Jon
 
D

dp

I tried to gain
access again when the surveyor went along but was refused.
This surprises me assuming you made appointments with the right people
(agent or owner). You need to ask why access was refused. Even before offers
are submitted it is unusual not to be able to arrange a visit to the
property.

If the property particulars stated that the property had central heating
that was untested (as is normal in England), then it is the purchaser's
responsibility to fix any faults although it is often possible to persuade
the seller to do something. At the end of the day a new central heating pump
costs £40 and takes an hour to fit - not a lot of money compared to the
price of property.
 
N

Nebulous

FJDx said:
I have submitted an offer on a property (in Scotland) which has been
accepted and the date of entry is in about 6 weeks time.

Due to the time scales involved, I was only able to see the flat once
(wish I had more time to see it a second time before deciding but there
was a quick turn around due to it being fixed price). I tried to gain
access again when the surveyor went along but was refused.
Its quite common to get access on an informal basis from the current owner
to measure for curtains etc. Solicitors often are very wary of this,
particularly when a property is empty, as it is not unknown for people to
lay carpets or make changes before the entry date. In my experience
Scottish solicitors will advise against unsupervised access.
I was also wondering about things like electrical goods (which are
included in sale) and the central heating system. What if I find faults
with the property when I move in? Is this something I just have to
accept or should the sellers make sure everything is in order before I
move in? When my friend bought a new build, there was a snagging period
but this is a completely different situation.
Electrical goods are not often covered in my experience, but central heating
is. It will depend on the offer you made. There is a bit of trading goes on.
An offer will say central heating must work for a year. The reply will say
we'll guarantee it for ten days. You then accept (or otherwise) their
amendments to your offer.

Neb
 
R

Ronald Raygun

FJDx said:
I have submitted an offer on a property (in Scotland) which has been
accepted and the date of entry is in about 6 weeks time.
What exactly do you mean by "accepted"? If missives have not
concluded, nothing has been accepted. Hasn't your solicitor sent
you a copy of his written offer, and of the seller's solicitor's
written qualified acceptance? Hasn't he advised you about what the
qualifications mean? Or is it still too early in the game?
Due to the time scales involved, I was only able to see the flat once
(wish I had more time to see it a second time before deciding but there
was a quick turn around due to it being fixed price). I tried to gain
access again when the surveyor went along but was refused.
By whom? Are the sellers still living there?
I know that they are probably wary of me changing my mind if I do see it
again which is understandable. However, I have no plans to back out now
and only want to see it again so I can get an idea of furniture etc. As
this is my first flat, I will be buying everything from scratch and I
don't want to have to wait until the entry date before ordering a sofa
etc which could take months to deliver.
It is a reasonably standard condition of offer that access for
measuring-up be permitted. Your solicitor should have included that
as one of the conditions of his offer. On the other hand, it would be
unnecessarily disruptive for anyone still living there, to allow such
access before they know for certain that the sale is going through.

Best to wait until the missives conclude before asking again.
What are the chances of gaining access again before entry date for this
purpose?
Good.

Do I arrange this through my solicitor
Yes.

or the estate agent?
What estate agent? Are the selling agents "estate agents" or, as is
to be expected, solicitors? Estate agents as such are quite rare in
Scotland, and most properties are marketed by solicitors.
Is there a 'missives' date, after which the seller might thing it to be
'safer' for me to gain access? When is this usually and is it a case of
signing something to say I am definitely going through with the sale?
Ask your solicitor who made the offer on your behalf. Usually it's
within 2 weeks or so of the initial informal acceptance, depending on
how busy the solicitors are.
My
financial advisor is currently helping me arrange my mortgage and the
survey report was fine.
If there is the slightest chance you might not get the loan, be sure
not to allow missives to conclude. Otherwise you'll be forced to
go through with the sale anyway, or to compensate the sellers for
their loss involved in putting the property back on the market, and
making good any shortfall on the next offer they accept.
I was also wondering about things like electrical goods (which are
included in sale) and the central heating system. What if I find faults
with the property when I move in?
This is a matter for the terms of your offer. If your solicitor is
any good, he will have made adequate provision, i.e. to require that
everything works or else will be fixable at the seller's expense if you
notify defects within a week or so after entry date.
 
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F

FJDx

Ronald Raygun said:
What exactly do you mean by "accepted"? If missives have not
concluded, nothing has been accepted. Hasn't your solicitor sent
you a copy of his written offer, and of the seller's solicitor's
written qualified acceptance? Hasn't he advised you about what the
qualifications mean? Or is it still too early in the game?
I have only had an offer letter sent to me which outlines the basics ie
offer price, entry date and white goods inclusive. Am waiting for the
full offer conditions. Will ask for this.
By whom? Are the sellers still living there?
The surveyor refused, but I suspect it was the estate agent that told
them so because the estate agent knew I wanted to see it again.

What estate agent? Are the selling agents "estate agents" or, as is
to be expected, solicitors? Estate agents as such are quite rare in
Scotland, and most properties are marketed by solicitors.
It is actually an estate agent chain, not a solicitor.


If there is the slightest chance you might not get the loan, be sure
not to allow missives to conclude. Otherwise you'll be forced to
go through with the sale anyway, or to compensate the sellers for
their loss involved in putting the property back on the market, and
making good any shortfall on the next offer they accept.
I will try and get the mortgage confirmed asap.
This is a matter for the terms of your offer. If your solicitor is
any good, he will have made adequate provision, i.e. to require that
everything works or else will be fixable at the seller's expense if you
notify defects within a week or so after entry date.
I will contact the solicitor about my queries.

As it turns out, the estate agent called asking if I wanted to buy any
furniture currently in the flat. I said I couldn't remember what there
was so the seller has agreed to meet up with me at the flat next week
(it is currently unoccupied).

Thanks all for your responses.
 

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