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  • FIRST POST
    • Mortgage Moog
    • By Mortgage Moog 17th Oct 16, 5:54 PM
    • 144Posts
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    Mortgage Moog
    If a surveyor finds a fault do you have to tell all future buyers?
    • #1
    • 17th Oct 16, 5:54 PM
    If a surveyor finds a fault do you have to tell all future buyers? 17th Oct 16 at 5:54 PM
    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.
Page 1
    • pinkshoes
    • By pinkshoes 17th Oct 16, 7:42 PM
    • 14,613 Posts
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    pinkshoes
    • #2
    • 17th Oct 16, 7:42 PM
    • #2
    • 17th Oct 16, 7:42 PM
    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!)
    • Boler1985
    • By Boler1985 17th Oct 16, 7:45 PM
    • 83 Posts
    • 41 Thanks
    Boler1985
    • #3
    • 17th Oct 16, 7:45 PM
    • #3
    • 17th Oct 16, 7:45 PM
    I don't believe these is any legal requirement to act in good faith as long and you don't mislead?
    • Chanes
    • By Chanes 17th Oct 16, 8:05 PM
    • 607 Posts
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    Chanes
    • #4
    • 17th Oct 16, 8:05 PM
    • #4
    • 17th Oct 16, 8:05 PM
    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
    • By G_M 17th Oct 16, 8:33 PM
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    G_M
    • #5
    • 17th Oct 16, 8:33 PM
    • #5
    • 17th Oct 16, 8:33 PM
    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/
    Last edited by G_M; 17-10-2016 at 8:53 PM.
    • nubbins
    • By nubbins 17th Oct 16, 8:36 PM
    • 634 Posts
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    nubbins
    • #6
    • 17th Oct 16, 8:36 PM
    • #6
    • 17th Oct 16, 8:36 PM
    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_disc lose_any_information_that_may_affect_a_potential_b uyer_s_decision_1_4170528
    • Boler1985
    • By Boler1985 17th Oct 16, 8:53 PM
    • 83 Posts
    • 41 Thanks
    Boler1985
    • #7
    • 17th Oct 16, 8:53 PM
    • #7
    • 17th Oct 16, 8:53 PM

    * you do have a duty to inform a buyer of anything that might affect their decision of which you are aware
    Originally posted by G_M
    I'm not sure that's right. Depends on the sale agreement but I thought it was only a subset of defects?
    • kilby_007
    • By kilby_007 17th Oct 16, 9:04 PM
    • 455 Posts
    • 236 Thanks
    kilby_007
    • #8
    • 17th Oct 16, 9:04 PM
    • #8
    • 17th Oct 16, 9:04 PM
    Legally, probably not. Morally, without doubt yes.
    • debtnav
    • By debtnav 17th Oct 16, 9:09 PM
    • 19 Posts
    • 45 Thanks
    debtnav
    • #9
    • 17th Oct 16, 9:09 PM
    • #9
    • 17th Oct 16, 9:09 PM
    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.
    Your company gets me through the day. x
    • G_M
    • By G_M 17th Oct 16, 9:16 PM
    • 37,092 Posts
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    G_M
    I'm not sure that's right. Depends on the sale agreement but I thought it was only a subset of defects?
    Originally posted by Boler1985
    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
    • By Grenage 17th Oct 16, 11:15 PM
    • 881 Posts
    • 825 Thanks
    Grenage
    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.
    • Davesnave
    • By Davesnave 18th Oct 16, 12:31 AM
    • 20,861 Posts
    • 83,773 Thanks
    Davesnave
    These theoreticals are all very well, but they may not reflect reality too closely.

    When I sold my last house, I knew there was a problem with the outer skin foundation brickwork, hidden under render. A house a few doors down had this problem at a more advanced stage, which cost a substantial amount to fix.

    Did I blurt out to my buyers that I knew this fault existed, or would I now, if the newer TA6 arrived for me to fill-in? There was no way a surveyor was going to pick up this invisible decay.

    Well, what do you think?
    'Only the mediocre are always at their best.' Jean Giraudoux
    • Mortgage Moog
    • By Mortgage Moog 18th Oct 16, 8:50 AM
    • 144 Posts
    • 31 Thanks
    Mortgage Moog
    * 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
    Originally posted by G_M
    That's why I didn't have a survey done. I read the one for the house I'd lived in for 20 years and it sounded awful. According to them the whole place was going to fall down any minute and yet I lived there for 20 years without a single problem.
    • ReadingTim
    • By ReadingTim 18th Oct 16, 11:39 AM
    • 1,083 Posts
    • 1,434 Thanks
    ReadingTim
    I think the survey remains the property of the (potential) buyer, so technically, I don't think it's "yours" to disclose the findings of. Also, as mentioned above, you'd need to see the full complete document, rather than extracts of, or 2nd/3rd/4th hand comments etc via the EA. Only by seeing the full document can you determine whether the findings are actually a problem, are to be expected in a building of whatever age the house is, or are the usual sort of caveated, @rse-covering waffle that is passed off as a survey by some box-ticking checklist follower.

    If after all that you think you have an issue (rather than cold feet from a flaky buyer), I'd either investigate the cost of putting it right, or drop the price to take into account the cost of rectification.
    • Mortgage Moog
    • By Mortgage Moog 18th Oct 16, 12:13 PM
    • 144 Posts
    • 31 Thanks
    Mortgage Moog
    I think the survey remains the property of the (potential) buyer, so technically, I don't think it's "yours" to disclose the findings of. Also, as mentioned above, you'd need to see the full complete document, rather than extracts of, or 2nd/3rd/4th hand comments etc via the EA. Only by seeing the full document can you determine whether the findings are actually a problem, are to be expected in a building of whatever age the house is, or are the usual sort of caveated, @rse-covering waffle that is passed off as a survey by some box-ticking checklist follower.

    If after all that you think you have an issue (rather than cold feet from a flaky buyer), I'd either investigate the cost of putting it right, or drop the price to take into account the cost of rectification.
    Originally posted by ReadingTim
    I was thinking about the buyer getting cold feet. Someone might lie and say something bad came up in the survey (damp etc.) just as an excuse to pull out. You'd then be passing on that lie about the damp to all future buyers and putting people off for no reason.
    • cloo
    • By cloo 18th Oct 16, 3:52 PM
    • 746 Posts
    • 502 Thanks
    cloo
    I don't think there's a legal obligation, and I would qualify the moral obligation bit by the fact that sometimes inexperienced buyers do pull out for something that is not a deal breaker at all, and could either be tackled with negotiation, or is not really even a big enough to deal to negotiate about but they have unrealistic expectations of what a survey will find!
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