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If a surveyor finds a fault do you have to tell all future buyers?

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Mortgage_Moog
Mortgage_Moog Posts: 178 Forumite
in House buying, renting & selling
Imagine that you're selling your home and the first buyer pulls out because their surveyor finds a problem. It could be damp, a dodgy wall, anything like that which you weren't aware of as the owner. Do you have to tell all future prospective buyers that this problem has been found?

This is just a question I'm wondering about, I'm not in this situation.
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  • pinkshoes
    pinkshoes Posts: 20,090 Forumite
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    I would, and if it was something I wasn't aware of, I would either sort it out or reduce the price to reflect this.

    Otherwise I guess you are just hoping for a buyer who does not pay for a survey?? Seems a bit pointless not disclosing it.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • deFoix
    deFoix Posts: 213 Forumite
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    I don't believe these is any legal requirement to act in good faith as long and you don't mislead?
  • Chanes
    Chanes Posts: 882 Forumite
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    Yes. Others will have surveys and know you hid problems from them when they know there were other buyers; form your own opinion of how they will consider you.
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 17 October 2016 at 8:53PM
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    There are various aspects to this:

    * it was not your surveyor so he did not inform you of the problem. Most likely you heard it 4th hand: surveyor to buyer to EA to you

    * you do (I think) have a duty to inform a buyer of anything that might affect their decision of which you are aware

    * many surveys include speculative or unconfirmed suspicions (damp that needs 'further investigation' etc) which cause FTBs in particular to panic and withdraw - even if the problem in reality does not exist

    Consumer Protection from Unfair Trading Regulations 2008

    http://lawspark.org.uk/property-law/what-must-sellers-disclose-when-selling-their-property/
  • nubbins
    nubbins Posts: 725 Forumite
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    I would say yes, especially if any problems have been documented.

    http://www.hamhigh.co.uk/property/when_selling_my_house_am_i_legally_obliged_to_disclose_any_information_that_may_affect_a_potential_buyer_s_decision_1_4170528
  • deFoix
    deFoix Posts: 213 Forumite
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    G_M wrote: »

    * you do have a duty to inform a buyer of anything that might affect their decision of which you are aware

    I'm not sure that's right. Depends on the sale agreement but I thought it was only a subset of defects?
  • kilby_007
    kilby_007 Posts: 738 Forumite
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    Legally, probably not. Morally, without doubt yes.
  • debtnav
    debtnav Posts: 19 Forumite
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    I agree that morally it's the right thing to do. If I suspected that a vendor hadn't been totally up front I'd look for another property.
    :coffee: Your company gets me through the day. x
  • G_M
    G_M Posts: 51,977 Forumite
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    Boler1985 wrote: »
    I'm not sure that's right. Depends on the sale agreement but I thought it was only a subset of defects?
    Yeah I'm not sure either now.

    though I think it's true of EAs.

    Think I'll stop trying to talk about something I'm unsure of!
  • Grenage
    Grenage Posts: 2,899 Forumite
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    I'm not aware of a requirement, but when selling my last place, the paperwork asked if I was aware of any defects such as damp, movement, etc.

    Obviously if you lie, and they can prove it, you might have a problem.

    Obviously you should be up front about major defects; things like a window that won't open, or an ill-fitting carpet aren't really of concern.
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