Readers ask about defying their surveyor and management fees being in arrears.
Surveyor says 'walk away' - but we don't want to
Q: Our surveyor's report on a house we want to buy has come back very negative (which was a surprise to us as it's a standard solid-looking 1950s semi).
We already put in an offer (over the asking price, probably stupid but for family reasons we want to be in that area).
The main problems are the large dormer windows which need replacing (expensive) and the conservatory, which he says should have planning permission and is poorly constructed.
He says "walk away" but actually we really do want this house but not at that price. Any advice on how to proceed?
A: You put in an offer subject to survey which was the correct way to proceed. All surveys will come back with some negatives - some more serious/expensive than others - but that does not necessarily mean you should "walk away".
Instead use the survey as a bargaining tool. You can be sure that any survey is going to throw up the same problems as yours has, so you need to communicate this to the estate agent.
The planning issue regarding the conservatory is something the seller needs to sort out because the house can't be sold to you or anyone else until it is. That is going to take some time. Tell the agent that you will also need to see a certificate showing that the conservatory conforms to building regulations. Any buyer (or their solicitor) will demand this.
Get a builder in to see how much it would cost to replace the dormer and knock that off your asking price for a start.
Are there any other problems revealed in the survey that the builder could also tackle and cost for you? Again, readjust your offer accordingly. This is all part of the buying and selling process and the sales agent will expect this sort of negotiation. Forget about your initial offer. The survey has changed the situation and if you really want the house, you should bargain hard.
I am three years behind paying management fees
Q: I live in a large mixed five-year-old development of houses and apartments and have fallen behind in my annual management fees. I am three years in arrears which I honestly don't feel too bad about as the service (the litter and broken lights for one thing) is appalling. Yesterday I got a letter from a debt collection agency for the fees (a total of €2,100 plus debt collection fees) threatening, among other things I could be brought to court and also my credit rating will be ruined. Can they do this?
A: What has, in all likelihood, happened is that the management company of your development (of which as a homeowner you are a member) has gotten so frustrated with the non-payment of annual fees that it has brought in a debt collection agency. This typically happens when there is a large number of defaulters. Annual service charges are a legal matter - when you bought, you signed an agreement saying you would pay them, and you haven't. So yes you do owe the money. In effect you are relying on your neighbours to pay your bills, e.g. bin collection, general maintenance, which apart from the legal issues is simply unfair. Get in touch with the debt collection agency to come to some repayment terms - while a court case is far off, defaulting on a bill like this could indeed ruin your credit rating and ultimately it's a bill that simply has to be paid. Then get in touch with the management company to air your concerns about the quality of the maintenance and become involved with the running of development.
Your questions
Send your queries to Property questions, The Irish Times, The Irish Times Building, 24-28 Tara Street, Dublin 2 or email propertyquestions@irish-times.ie.
Unfortunately it is not possible to respond to all questions. The above is a representative sample of queries received. This column is a readers' service and is not intended to replace professional advice. No individual correspondence will be entered into.
