Help Needed: Who Should Pay for Joist Replacement During Skylight Installation?

[trevstonbury]

Hi everyone,

I’m in a bit of a dilemma and could use some advice. We recently sold our house, and as part of the agreement, we (the sellers) are responsible for installing a skylight. Here’s the exact wording from our agreement:

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“The Seller will arrange and pay for the installation of a skylight (of their sole choice) into the property and will provide the accompanying FENSA certificate and guarantee to the Buyer after Completion. The type of skylight, location of installation in the property, installation method, trades people used to install the skylight, will all be at the sole discretion of the Seller with no input from the Buyer. For the avoidance of doubt, should the skylight be unsatisfactory in any way, not be fit for purpose, any damage done to the property when the skylight is being installed, or should the skylight cause damage to the property, it will all be without recourse to the Seller in any way. The Buyer acknowledges that they would buy the property regardless of this clause (i.e., without the skylight), as they require to live there beyond this clause relating to a skylight and will provide all access to the property (day or night) that is needed by the Seller (and their trades people) to undertake the installation of the skylight and not obstruct the installation of the skylight in any way. This clause remains in full force and effect notwithstanding Completion.”

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The builders have started the work and discovered that a main joist in the roof is rotten and needs replacing. The skylight can’t be installed without replacing this joist.

The buyer did a full survey before purchasing the house, and nothing was picked up about the joist.

Given the agreement and the situation, who should be responsible for the cost of replacing the joist? Should it be the seller (us) since it’s necessary for the skylight installation, or should the buyer cover it since it wasn’t identified in their survey?

Any insights or advice would be greatly appreciated!

Thanks in advance!

[Pezza54]

Who wrote this clause and on whose instructions? Am I understanding it correctly?
The buyer wants you to contract with a builder to install a skylight and pay for it. If the skylight is unsatisfactory or damage is caused to the property the buyer will not chase you for compensation. The buyer has no contract with the builder, but is still prepared to give the tradesmen access (day or night) to start/complete the work if the work is not finished by the completion date

[Pezza54]

Is the roof flat or pitched?

You don't have a contract with the surveyor so you have no recourse there. You don't know the contract details between the surveyor and the buyer, so you can't tell the buyer to claim the cost of replacing a rotten joist from his surveyor

[trevstonbury]

It's a flat roof

[Pezza54]

The surveyor would have difficulty inspecting a roof joist. They are usually hidden by roof coverings and plasterboard ceilings

[efpom]

In my view the buyer pays for all of the works required to enable the skylight to be installed. The key phrase is "not obstruct the installation of the skylight in any way."

[Pezza54]

Strangely the size of the rooflight is missing. The seller could install a small 600mm x 600mm one, "of their sole choice"

The buyer should have included 4 additional words in the first sentence of the agreement:
"The seller will arrange and pay for all works necessary for the installation..........."

And included the size of the rooflight