How much do you have to tell your buyer?

Lil_Dee_2

I have a friend who is in the process of selling their house to a FTBer. Over the last couple of months, they have noticed a 'leak' in their conservatory. Apparently, it's not dripping down the walls or causing puddles, but they think it's coming in through the fixed half of their patio door somehow. They're quite sure it's a leak, and not the result of them opening/closing the door in bad weather and it collecting in the door runner. It is, however, getting worse with the onslaught of rain/wind we've had recently. The company that built the conservatory is no longer trading, so they can't go down that road.

We had a 'discussion' as to what they should do. I think they may be obliged to tell their solicitor, (or even their household insurance and get it checked/fixed?) whereas they said that the buyers survey was done at a time when the leak was already there, so they don't need to tell anyone, as the survey would have picked it up if it was anything to worry about, and the buyers would know already....

I'm worried that they may find themselves in trouble if they leave it as it is. So, what do you people think ? Am I having a go at them for something I shouldn't (even if it's not a legal thing, I still think morally they should say something/do something, which is where the discussion got a little heated, as they don't think they're obliged in any way....) or is there a 'real' reason for them to tell someone?? Appreciate your thoughts.

meanmachine_2

Isn't it a case of buyer beware?

It's the reason why every buyer should always have a full structural survey done.

Has the buyer come back and negotiated off the asking price?

I can't imagine that the seller should have to tell anyone. Personally I'd claim no knowledge of it. That's what the surveyor is for.

Hawksmuir

As long as there have been no changes to the property since the buyer viewed then its Buyer beware, although they do have 14 days (?) to cliam against any problems.

My buyers complained about a leaking sink, all I did was ask my solicitor to wirte to them and tell them that through good faith I had lost over £1,500 in mortgage payments waiting for them to sell their house, so I would repair the leak and accept a cheque for £1,400.

Strangly I heard nothing