I live in a mining area and there's a thing called Cleveland shale, that a lot of houses in the 50's to 70's were built on top of, used an infill. The house I'm buying, the previous buyers pulled out as the vendor refused to have a shale test done as it wasn't required by the mortgage lender and apparently tried to reduce the price based on a few other things.
I've been approved on my mortgage but my solicitor is recommending I have a shale test done, and has gone to the vendors solicitor to ask and been refused. My solicitor is now going to my lender to inform them that there could be potential shale - apparently, she is obligated to do so but asked me if that was okay as if it is required by a lender they 'might' budge, but also might end up with me not being able to get the mortage. I agreed since I'm not really sure I want to be in his similar position when selling in having to justify it doesn't have shale and be at a loss if it does.
I've spoken to the estate agents today, as I thought I would try them first instead of it costing to speak to my solicitor since two weeks has passed with no news. She informed me that the last she knew I put everything on hold, which I did as I wasn't going to fork out searches and surveying if he was plain refusing to have a shale test done. She informed me the vendor is annoyed because it's the second time this has happened and the second time it hasn't come direct from a mortgage lender and won't budge on the shale test being done and it is up to me whether I want to proceed since he isn't required by law to have one done. She also said that he had informed them the same surveyor I booked and cancelled to put things on hold was the same one that went round for the previous buyer, and he said everything was okay but he could not 100% it without a shale test so I would get the same answer. They are claiming damp proof and new floor as the reason they won't have it done.
If it is the same surveyor then technically he already has a report done, and will be charging me if and when I go back to him for a homebuyers, for the same report. Can I just not ask him to buy the recent homebuyers report at a lower cost now that I know this and request that there is no need to go inspect a second time, or is that being too cheeky? When I spoke to him to cancel and explained the situation he didn't seem to alarmed about shale and said it's over hyped, but also recommended I walk away if he is refusing to have a test done.