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When something goes wrong

Down valuations, survey surprises, missing paperwork and title problems: what each one means and how it usually gets sorted.

7 min read

The short answer

Most problems in a move have a well-worn fix. A low valuation can be renegotiated, missing paperwork can often be insured, and title issues are something conveyancers deal with all the time. Before exchange you can still walk away, so you've usually got options. Tell your conveyancer early and ask what the choices are.

Common problems and how they get sorted

Something going wrong doesn't mean your move is over. Here are the problems that come up most, what each one means, and what usually happens next.

A down valuation

A down valuation is when your lender's valuer says the property is worth less than you agreed to pay. Your lender then bases your mortgage on the lower figure, leaving a gap between what they'll lend and what you need.

You have three broad choices. You can ask the seller to lower the price. You can cover the gap yourself, with more savings or a bigger deposit. Or, if neither works, you can walk away, because nobody is committed until exchange. Your mortgage broker may also be able to suggest another lender.

Your survey turns something up

A survey might find damp, an old roof, a dodgy electrical installation or signs of movement. Don't panic. Get quotes from builders or specialists so you know what you're dealing with in money terms.

With quotes in hand, you can ask the seller to reduce the price, or to fix the problem before completion. Some buyers simply go ahead, knowing what they're taking on. Tell your conveyancer about anything the survey found, because some issues lead to extra legal questions too.

Missing building regulations or planning paperwork

If work was done to the property, such as an extension or a removed wall, there should be paperwork showing it was approved. When it's missing, there are two usual routes.

The seller can apply to the council for retrospective approval. That proves the work is up to standard, but it can take time and the council may ask for changes. The other route is an indemnity insurance policy, which covers the buyer and their lender if the council later takes action over the missing approval. It doesn't fix the work itself, so if you're worried about safety, a survey is the place to check.

A problem with the title

The title is the legal proof of who owns the property and what comes with it. Sometimes it shows a gap. A right to use a shared driveway might not be written down. A restrictive covenant, which is an old rule about what you can do with the land, might have been broken by an extension. Or the boundaries on the plan might not match the fences.

Conveyancers sort these in a few ways. They might get a signed statement from the seller about how the property has been used, ask a neighbour or the person who benefits from a covenant to agree to something, or correct the register at HM Land Registry. Where none of that is practical, indemnity insurance is often used.

A search result raises a concern

Searches can turn up things like flood risk, a planned road nearby, or old mining in the area. Your conveyancer will explain what the result means for you and whether it needs more digging. Sometimes that means a further report, or checking that insurance is available. Our guide to conveyancing searches explains what each one looks at.

The buyer or seller pulls out

Before exchange, anyone in the chain can walk away. It's disappointing, but it's often not the end. Our guide to what happens when a chain breaks covers your options, from finding a new buyer to stepping out of the chain.

Completion is delayed on the day

On completion day, money moves from one conveyancer to the next up the chain. If one transfer is slow, everyone above it waits. It's frustrating, but it usually sorts itself out later the same day. Keep your phone on and your removal company in the loop. Our guide to completion day explains how the money travels.

You're unhappy with the service

If you're not happy with how your move is being handled, raise it with your conveyancer first. Most problems are sorted quickly once they're out in the open. Every conveyancer should have a complaints procedure, and you can ask for a copy.

Koala is regulated by the Council for Licensed Conveyancers. If a complaint isn't resolved, the Legal Ombudsman can look at it independently.

Common questions

Can I pull out after a down valuation?

Yes, as long as you haven't exchanged contracts. You may lose what you've already spent, such as searches and survey fees.

Can I renegotiate the price after a survey?

Yes. Get quotes for the work first, so your request is based on real figures. The seller doesn't have to agree, but many will rather than lose the sale.

What is indemnity insurance in conveyancing?

It's a one-off policy that protects the buyer and their lender against a specific legal risk, such as missing building regulations approval or a broken covenant. It covers the legal risk, not the condition of the property.

Can a seller pull out after exchange?

Only by breaking the contract, which can leave them paying the buyer's losses. It's rare for exactly that reason.

How do I complain about my conveyancer?

Start with your conveyancer and ask for their complaints procedure. If it isn't resolved, you can take it to the Legal Ombudsman.

How we help

You get a named conveyancer from day one, and updates on WhatsApp, so when something goes wrong you hear about it from us straight away, along with what we suggest. If your sale or purchase falls through and it's not your fault, we give you a second chance, even if you're buying a different property second time round. Our guide to why conveyancing takes so long helps if things have simply gone quiet.

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