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Conveyancer missed water issue

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124

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  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
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    Davesnave wrote: »
    On the TA6 there are enough questions in Section 8 to reveal this, so what were the vendors responses to these?

    Absolutely.

    I don't recall the exact wording of the legal questionnaire vendors have to fill in at that point - but believe there is a general catch-all question to effect of "Is there anything else we should know?" or words to that effect.

    This certainly counts as something the vendors should have told you about imo and I'd be looking to see what I could do to get them to cover the cost you have to pay for separating out the water meters - as they should surely have disclosed this.

    I suggest you get out your copy of that questionnaire and check out the exact wording of the questions around that sort of issue - and what their responses were - bearing in mind the word "misrepresentation" and that there are legal penalties for this.
  • jessex1990
    jessex1990 Posts: 137 Forumite
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    Surely it's easier if every property has their own meter rather than sharing. My current flat has a shared water with the other flats in the block, the management company charges everyone an equal portion of it even if they have no tenant in it - makes it cheaper for everybody
  • gertie79
    gertie79 Posts: 14 Forumite
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    Do the Deeds not also specify where this water comes from and who pays?

    I suspect there is much more documented. Is this in your Title document? Does it refer to another document ("dated xx/xx/xxxx") which will provide full details.........???????

    Yes that paragraph is from the title document and that is literally all it says on the matter. No other documents are referenced.

    As its our supply I guess no one could object to us installing meters? If its not that expensive I might be inclined to just go ahead and pay for it. But if it's costly, would the fact that the wording is vague and doesn't mention a specific payment schedule cause any problems in getting them to pay a share, or could that work in our favour? Obviously we would try and work it out in a friendly fashion first. :beer:
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 7 July 2017 at 5:02PM
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    gertie79 wrote: »
    I do believe the business is unprofitable and has been for some time. They have a planning application in to demolish it and build several houses on the site. I guess if that goes ahead this might all get sorted out then anyway, but I do worry we would then be supplying these other houses as well!

    Put like that - I would be worried about the possibility of the business going bust and leaving you as one of their creditors.

    I'd be round there tomorrow doing that "tea and cake bit" - AFTER I'd already phoned the Water Company and arranged for those meters to go in next week. The conversation would go along the lines of "##smile## just so you know - but separate meters are being put in this Thursday. So just keeping you in the picture as to what is happening. We'll need to have a reading taken of how things stand at present and work out the final amount due from you - and I'm sure you'll want to know that asap".

    EDIT; I presume the different water companies across the country follow much the same practices as each other. So - link below to my own current one for instance to give you an idea:

    https://www.dwrcymru.com/en/Business/Our-Charges.aspx
  • gertie79
    gertie79 Posts: 14 Forumite
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    On the TA6 there are enough questions in Section 8 to reveal this, so what were the vendors responses to these?

    Just checked and she has ticked no to there being:
    'any other rights or arrangements'
    'any drains, pipes or wires leading to any neighbour's property across the property'
    'any agreement about drains, pipes or wires'
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    gertie79 wrote: »
    Just checked and she has ticked no to there being:
    'any other rights or arrangements'
    'any drains, pipes or wires leading to any neighbour's property across the property'
    'any agreement about drains, pipes or wires'
    So she did not tell the truth on the PIF...

    Now, does that get you any nearer resolving the problem?
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
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    1. See edit on my post above.

    2. The answers she has given to that question are wrong then. "Misrepresentation".

    Which leaves:

    3. Making those arrangements for separate water meters and writing her a letter telling her words to the effect of you'll forget about the "misrepresentation" subject to her paying any costs you incur from it.
  • gertie79
    gertie79 Posts: 14 Forumite
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    What are the legal ramifications of misrepresentation? I've never bought a house before, this is all new to me...
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    gertie79 wrote: »
    What are the legal ramifications of misrepresentation?
    You can take her to court for costs that you can prove are directly arising from the misrepresentation.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    AnotherJoe wrote: »
    You didn't ask for copies of any recent gas, water and electricity bills before exchange? I thought that was standard these days?

    I showed the buyers of Dad's house the last year's energy and water bills. I thought it was quite normal.

    They knew that he was at home all day and needed the house quite warm but the bills were still relatively low because it was well-insulated so they knew they weren't going to be hit with huge bills.
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