can't sleep. help! overprotective solicitor?

[WattleIdo]

Finally got to the stage where I sign the contract or don't.
There are several issues with the property I've been looking at. Among them, the downpipes are not yet connected to the stormwater in the street. In other words, on part of the property, the water runs down the pipe and onto the lawn.

Other issues include:

• sewer lines diagonally through backyard (150mm, 1.2m deep, no easements, earthenware)
• rising damp on bathroom wall
• water running down hill towards property (though actual property on slight slope)
• unattractive concrete brick
• some cracks in walls but fixable
• termites in backyard fence (not in house, though have been)
• broken asbestos garage up the back

Have negotiated price down and then renegotiated when I found out about the sewer line - about 90K below median for house like this. Good area.
Disclosure from vendor has not been good. Nevertheless, I've had B&P and now know what needs to be done.
When the solicitor realised that the downpipes aren't connected to the stormwater, he suggested that I get a building certificate to put the vendor in the position of responsibility. I'm not sure if he's genuinely trying to bring the price down for me or trying to drum up more business (?)
He also told me I was very brave and expressed his concern that I might be biting off more than I can chew. Am I being reckless?
He's not someone I can read and now I feel on edge - was going to change to someone I feel more comfortable communicating with but the process was already underway.
My plan was to live in and renovate but not sure if my animals will be safe there (laneway at back and side of house) plus I have more work this year - even though I keep dreaming about taking time off to renovate.
Walk away now? All feedback welcome, please.

 

[Ausprop]

some of the stuff on that list seems minor. the sewer lines... thoughts on that?

 

[thatbum]

...or trying to drum up more business (?)

Why do people always think lawyers do this? I've never heard of it happening in all the years I've been around.

Pretty much all the lawyers I know have plenty of work without needing to be flagrantly unethical to drum up a few extra bucks.

 

[NPB]

Pretty much all the lawyers I know have plenty of work without needing to be flagrantly unethical to drum up a few extra bucks.

Wow I couldn't disagree with you more, some of the things I have seen Family law lawyers do to extend the cases and milk fees is unbelievable.

How they sleep at night is one of the miracles of the human race.

 

[thatbum]

Wow I couldn't disagree with you more, some of the things I have seen Family law lawyers do to extend the cases and milk fees is unbelievable.

How they sleep at night is one of the miracles of the human race.

Ha, well I am a family lawyer and I have to deal with them and clients pretty much daily. Trust me when I say that its the clients that drag out family court proceedings, not the lawyers. If we lawyers had our way, none of the matters would need to go past mediation and a few consent orders.

And even the dodgiest lawyers I run into still wouldn't venture into something as stupid as gratuitous servicing.

Anyway its a bit off topic now - I would generally trust a lawyer's opinion at the end of the day.

 

[WattleIdo]

OK point taken thatbum. Grateful for all comments and reality checks as above.

 

[jrc]

Finally got to the stage where I sign the contract or don't.
There are several issues with the property I've been looking at. Among them, the downpipes are not yet connected to the stormwater in the street. In other words, on part of the property, the water runs down the pipe and onto the lawn.

Other issues include:

• sewer lines diagonally through backyard (150mm, 1.2m deep, no easements, earthenware)
• rising damp on bathroom wall
• water running down hill towards property (though actual property on slight slope)
• unattractive concrete brick
• some cracks in walls but fixable
• termites in backyard fence (not in house, though have been)
• broken asbestos garage up the back

Have negotiated price down and then renegotiated when I found out about the sewer line - about 90K below median for house like this. Good area.
Disclosure from vendor has not been good. Nevertheless, I've had B&P and now know what needs to be done.
When the solicitor realised that the downpipes aren't connected to the stormwater, he suggested that I get a building certificate to put the vendor in the position of responsibility. I'm not sure if he's genuinely trying to bring the price down for me or trying to drum up more business (?)
He also told me I was very brave and expressed his concern that I might be biting off more than I can chew. Am I being reckless?
He's not someone I can read and now I feel on edge - was going to change to someone I feel more comfortable communicating with but the process was already underway.
My plan was to live in and renovate but not sure if my animals will be safe there (laneway at back and side of house) plus I have more work this year - even though I keep dreaming about taking time off to renovate.
Walk away now? All feedback welcome, please.

If you want the place and don't want a building certificate write to your solicitor and say something like Thank you for your advice suggestingbI get a building certificate. I am aware of issues such as the downpipes notbbeing connected to stormwater. I do not require a building certificate. Please proceed.

 

[MTR]

Finally got to the stage where I sign the contract or don't.
There are several issues with the property I've been looking at. Among them, the downpipes are not yet connected to the stormwater in the street. In other words, on part of the property, the water runs down the pipe and onto the lawn.

Other issues include:

• sewer lines diagonally through backyard (150mm, 1.2m deep, no easements, earthenware)
• rising damp on bathroom wall
• water running down hill towards property (though actual property on slight slope)
• unattractive concrete brick
• some cracks in walls but fixable
• termites in backyard fence (not in house, though have been)
• broken asbestos garage up the back

Have negotiated price down and then renegotiated when I found out about the sewer line - about 90K below median for house like this. Good area.
Disclosure from vendor has not been good. Nevertheless, I've had B&P and now know what needs to be done.
When the solicitor realised that the downpipes aren't connected to the stormwater, he suggested that I get a building certificate to put the vendor in the position of responsibility. I'm not sure if he's genuinely trying to bring the price down for me or trying to drum up more business (?)
He also told me I was very brave and expressed his concern that I might be biting off more than I can chew. Am I being reckless?
He's not someone I can read and now I feel on edge - was going to change to someone I feel more comfortable communicating with but the process was already underway.
My plan was to live in and renovate but not sure if my animals will be safe there (laneway at back and side of house) plus I have more work this year - even though I keep dreaming about taking time off to renovate.
Walk away now? All feedback welcome, please.

WattleID
From your post this is minor and you have already negotiated the price down. After all, you are buying a reno job, they aint pretty.

Move on and settle and live happily ever after, my 2 cents worth

MTR

 

[bashworth]

Down pipes not connected to stormwater - This is fairly common in older properties. its no problem if all you are going to do is renovate. . . .it can be a bigger problem if you plan major extensions, Knock Down Rebuild, or subdivide the block.

In these cases council can require you to connect to a legal point of discharge. This can be substantial construction $$$$$ plus the possible cost of negotiating an easement over neighbouring properties. There is a bit more of an explanantion here http://www.anewhouse.com.au/2014/08/stormwater-discharge-point/

Might be worth talking with the council as different councils have different requirements, the more urban the area the more likely to be issues

 

[andrew_de_a]

Why do people always think lawyers do this? I've never heard of it happening in all the years I've been around.

Pretty much all the lawyers I know have plenty of work without needing to be flagrantly unethical to drum up a few extra bucks.

My experience is much difference to this

 

[RPI]

Many solicitors have no real life property experience and see everything as a risk that they need to advise against or protect their client from.

Half the properties in Brisbane have a sewer line through the back yard, if no easement then it is just a build over sewer application.

Downpipes onto ground also extremely common.

Have a chat to a builder or building inspector about what issues this will cause in the future and if happy move forward, if it will be too expensive walk.

 

[Xenia IM]

Never do business by trying to mind read what someone else's intentions could be. Trying to drum up business, being over protective, secretly wants to have sex with me, hates my mother.....,

Who cares!

Then the posts turn to validating and invalidating those comments!!!!

Absolute time wasting! Are you guys here to be entertained or look for a solution?

If you are doing business and life trying to control what others are thinking GOOD LUCK with it! Let me know when you've succeeded!

Whattle you need to take on board what the solicitors advice his - you hired him/her for this purpose!
Look at what view points are going to work for you - the solicitor thinks it's too big of a project! Only YOU can decide if that is true for you! The solicitor cannot make descisions for you - they can only advise and you decide!

Time to take control of what you want to do. You've done the numbers, you know your own limitations, you've negotiated the price down, you've had legal advice!
Don't use "the solicitor is just being overprotective or trying to get more business out of me" as an excuse to procrastinate!

Get in control - take charge and decide!

No matter what the solicitor is thinking or not thinking it will not make a difference if you are in control of your own descisions!

Get knowledge from others, never abdicate responsibility!

 

[Scott No Mates]

Other issues include:

• sewer lines diagonally through backyard (150mm, 1.2m deep, no easements, earthenware)
• rising damp on bathroom wall
• water running down hill towards property (though actual property on slight slope)
• unattractive concrete brick
• some cracks in walls but fixable
• termites in backyard fence (not in house, though have been)
• broken asbestos garage up the back

Have negotiated price down and then renegotiated when I found out about the sewer line - about 90K below median for house like this. Good area.
Disclosure from vendor has not been good. Nevertheless, I've had B&P and now know what needs to be done.
When the solicitor realised that the downpipes aren't connected to the stormwater, he suggested that I get a building certificate to put the vendor in the position of responsibility. I'm not sure if he's genuinely trying to bring the price down for me or trying to drum up more business (?)
He also told me I was very brave and expressed his concern that I might be biting off more than I can chew. Am I being reckless?
He's not someone I can read and now I feel on edge - was going to change to someone I feel more comfortable communicating with but the process was already underway.
My plan was to live in and renovate but not sure if my animals will be safe there (laneway at back and side of house) plus I have more work this year.

• Sewer line - is it your sewer or servicing other properties? How does this affect you/your plans? Are they full of roots and require immediate replacement or will the rota-roota fix issues until you have the $ to replace?
• Rising damp in bathroom - are you sure? If it is the bathroom then it is likely that it is another cause eg. shower tray/membrane failure. Rising damp would indicate a damp course failure - do you have subfloor access to inspect/repair?
• Downpipes not connected to stormwater - the block slopes towards the rear, it is a fact of life, water will run downhill. You have a rear lane so no need to look to easements with neighbours.
• Not sure if my animals will be safe there - only you can decide if the fencing is suitable (you can put up fencing), is it a security risk? or are you looking at RLA for the granny flat (the sewer location will impact on this).
• Broken asbestos garage - pay and get it stripped and reclad, remove the problem
• Termites in back fence - learn to love your neighbours or get it treated. If the fence needs replacement (you do have animals to consider)
• Unattractive concrete brick - well that's your opinion, someone must've liked it when it was done
• I will have more work this year - quit/change jobs/engage contractors/do it more slowly
• How old is the house? Are these factors ones that you should be concerned about? Are you capable of managing the work? Solicitors are risk averse, pointing out the risks to yourself ie doing their job, only you can assess whether you are up to the task

 

[marg4000]

Your solicitor is only doing his job - pointing out possible issues.

It is now up to you to decide whether to proceed.
Marg

 

[WattleIdo]

some of the stuff on that list seems minor. the sewer lines... thoughts on that?

Thanks Ausprop - the sewer line was an issue for a while but it was negotiated into purchase price. Yes, the other stuff is easy fixed, really.

jrc:If you want the place and don't want a building certificate write to your solicitor and say something like Thank you for your advice suggestingbI get a building certificate. I am aware of issues such as the downpipes notbbeing connected to stormwater. I do not require a building certificate. Please proceed.

Great advice jrc. Called him and all was good.

thatbum: all the lawyers I know have plenty of work

Thanks for the reality check, thatbum. Spoke to him this morning and he presented reasoning for not getting a building certificate - which I agreed with.

From your post this is minor and you have already negotiated the price down. After all, you are buying a reno job, they aint pretty.

Move on and settle and live happily ever after, my 2 cents worth

MTR

Thanks MTR. You're right, it aint pretty and my job is to make it so! Hopefully I get to live happily ever after.

bashworth: Down pipes not connected to stormwater - This is fairly common in older properties. its no problem if all you are going to do is renovate. . . .

Might be worth talking with the council as different councils have different requirements, the more urban the area the more likely to be issues

So true and thanks for the info. Council has already told me it'll cost a couple of thousand to get a plumber to connect to the street.

RPI: Many solicitors have no real life property experience and see everything as a risk that they need to advise against or protect their client from.

Half the properties in Brisbane have a sewer line through the back yard, if no easement then it is just a build over sewer application.

Downpipes onto ground also extremely common.

Have a chat to a builder or building inspector about what issues this will cause in the future and if happy move forward, if it will be too expensive walk.

I feel better after reading this. I'm the renovator; he's the solicitor.

Scott No Mates:learn to love your neighbours

I'd rather love the termite than do away with it but would it work out?
Thanks for the common sense as always. A wealth of information and practicalities. Will hopefully cut down on work and not move in until I'm happy with the fences.
As for the 'rising damp', I think you're right, it's the plumbing. Will do the bathroom so may as well get into the plumbing while it's being changed around. Hope that will solve the problem.
The damp course - is that the way the water naturally moves through the property? Or does it mean something else? There's no access to sub floor - except through floor boards- cement in the bathroom. Fingers crossed with the condition of the subfloor.
Will be putting the drain/gutter in the backyard so that the water's diverted before it hits the back of the house. I sure hope that's the solution. (Water runs from back lane downhill to back of house and then slightly downhill to street at the front.) There has been a lot of water running to the house in the past. There's some water damage, too. As it crosses over the laneway, maybe I can ask council to take responsibility for it....???

Xenia IM: Get in control - take charge and decide!

No matter what the solicitor is thinking or not thinking it will not make a difference if you are in control of your own descisions!

Get knowledge from others, never abdicate responsibility!

Ha ha. Yes, you're right.

It is now up to you to decide whether to proceed.
Marg

Yes, need to take responsibility myself. Just having a moment of doubt.

Heartwarming to read all your replies. Thanks, helped me feel more myself and take the next couple of steps.

 

[S.T]

few glasses of wine, ear plugs and a sleep mask may help.

 

[WattleIdo]

time for an afternoon nap!!!