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do i have to mention flood when selling

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dolly74_2
dolly74_2 Posts: 111 Forumite
in House buying, renting & selling
Our house badly flooded earlier this year. Its with a heavy heart that we are going to have to sell it as most of the things we could do to flood proof it are either beyond our control (council and neighbours taking measures) or way too expensive (we have been told we can get a grant of £150 - wouldnt touch the thousands it would need). If we sell the house, do we have to declare it was flooded? If someone asks the question then we will be truthful and tell the buyers but if they dont then is it ok not to mention it? No-one told us after all and they had flooded in the past. I am unsure if the relevant searches would highlight it because it was surface water flooding rather than being near a river or something. I want to know the legalilities. From what i can find out, it seems that when the HIPS were in force, there were questions that would mean you would have to declare it but i cannot find anything that suggests legally we would have to now the HIPs have been abolished. We have lived there 7 years and this is the only time it has flooded.
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  • artbaron
    artbaron Posts: 7,285 Forumite
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    You will be asked.
  • dolly74_2
    dolly74_2 Posts: 111 Forumite
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    who will ask? Is it part of a series of standard questions? We bought the house in 2005 and nothing was asked by the solictor then and we didnt think to ask cause its on a hill so naively you assume its safe.
  • dolly74_2
    dolly74_2 Posts: 111 Forumite
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    was this the case in 2005 then? Could we sue ours? He was pretty rubbish and i had to chase him loads.
  • Torry_Quine
    Torry_Quine Posts: 18,834 Forumite
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    Would you really feel comfortable doing what your seller did in not telling you about being flooded? I know I couldn't. :o
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • artbaron
    artbaron Posts: 7,285 Forumite
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    dolly74 wrote: »
    who will ask? Is it part of a series of standard questions?

    I believe so. It was certainly on the standard questions for the house I sold and the house I just bought.
  • G_M
    G_M Posts: 51,977 Forumite
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    I have just looked at the Oyez 'enquiries before contract' form and was surprised that the question was not included.

    See here and click on 'specimen'.
  • dolly74_2
    dolly74_2 Posts: 111 Forumite
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    It probably is immoral if not illegal i know and depending what i thought of the prospective buyers i may end up telling them. Thing is, financially we will be lucky if we break even once we sell as it was our first house and know we will not be able to get another morgage as i am no longer working. We have resigned ourselves to going back to renting. If it was just us, we may take the risk and stay as apart from that we love the house and its been such a hard decision to make but we have a young baby.
    Re questions - i remember ones about disputes and stuff but no flood one when we bought. Its probably time that was revised i would think.
  • Mickygg
    Mickygg Posts: 1,737 Forumite
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    Torry_Quine wrote: »
    Would you really feel comfortable doing what your seller did in not telling you about being flooded? I know I couldn't. :o

    Even if you stood to lose tens of thousands of pounds?As I've found out its buyer beware and the buyer must ask the questions, do the research etc
  • Torry_Quine
    Torry_Quine Posts: 18,834 Forumite
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    Mickygg wrote: »
    Even if you stood to lose tens of thousands of pounds?As I've found out its buyer beware and the buyer must ask the questions, do the research etc

    My conscience wouldn't let me. :o
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • artbaron
    artbaron Posts: 7,285 Forumite
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    G_M wrote: »
    I have just looked at the Oyez 'enquiries before contract' form and was surprised that the question was not included.

    See here and click on 'specimen'.

    Isn't it this, Q 7?



    http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&ved=0CFcQFjAF&url=http%3A%2F%2Fwww.lawsociety.org.uk%2FAdvice%2Fdocuments%2FTA00-form-specimen%2F&ei=aTq1UIOoNK6Q4gSShoGYBg&usg=AFQjCNFyhH598TVC0_XFJmkzKgvlKghT5Q&sig2=q-s35UodExg6_Cl4PE1m3A
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