Selling with dodgy neighbours?

comicmankev

What, (if any) are the rules when selling your property if you have had problems with neighbours, including police involvement?

What do I have to declare etc?

geoffky

yes.....otherwise there will be a comeback, but your buyers might get on well with them

olly300

Talk to your solicitor that's what you pay them for.

from_the_other_forum

We just sold our house in Janruary, complete with VERY bad next door neighbour, (police involvement-a-plenty, and then the cheeky NFH sods tried to launch a private legal case against US because we put up a fence to keep them out of OUR garden).

When you show people around on veiwings you and your estate agent do not have to volunteer any info---however, you have to answer any questions put to you truthfully.

Once you have proceeded to the paperwork stage of the sale, their soliciter will send you a SPIF . Sellers Property Information Form. You can not avoid mentioning your neighbour problems at his point. This form asks you to declare the specifics of any neighbour dispute, (some things can be left out, stuff that hasn't been logged by the police etc),i recommend you fill it in with help from your soliciter.

We found that the best approach was to mention that we did'nt get along with next door during first veiwings, then it would'nt come along as a shock further on down the buying process and look as though the property had a major problem that required deception on our part. I think we sold the house 5-8k cheaper because of the dispute that they started, but it has been so worth it for the new found peace of mind.
Good luck with it all, i hope you can move onwards to a stress-free life.

comicmankev

olly300 wrote: »

Talk to your solicitor that's what you pay them for.

I havnt got one, just contemplating moving because it is getting harder to cope with!

And I wasnt trying to deceive anyone, just wanted to know what had to be done.

Thanks for the last post, very interesting!

bo_drinker

WHY should you declare them ??? If so tell the potential buyers about the monthly flight path of concorde and the dodgy drains on the weekend, also the funny smell from the factory that kicks in now o=and then. I don't tell my potential halfwit/ buyers about the football fan traffic/ parking that occurs here on a saturday a/noon.

westv

Can't a buyer sue a seller who doesn't disclose a dispute with a neighbour?

tbs624

bo_drinker wrote: »

WHY should you declare them ??? If so tell the potential buyers about the monthly flight path of concorde and the dodgy drains on the weekend, also the funny smell from the factory that kicks in now o=and then. I don't tell my potential halfwit/ buyers about the football fan traffic/ parking that occurs here on a saturday a/noon.

There is a bit of a difference between things that you are reasonably likely to be able to ascertain for yourself -parking, flight paths, smells etc - compared to a neighbour dispute.

Anyone who buys a property without checking out the neighbourhood at different times, and midweek /weekends is foolish IMO but a dispute with a neighbour is not easily discernable in the same way as the others are.
.
Have a look here on why you just might want to be truthful on the SPIF- http://news.bbc.co.uk/1/hi/uk/2818995.stm
Separate to questions on boundaries & other issues that may affect neighbours you have to answer the following on the SPIF:

2.1 Do you know of any disputes or anything which might lead to a dispute about this or any neighbouring property?
2.2 Have you received any complaints about anything you have, or have not, done as owner?
2.3 Have you made any such complaints to any neighbour about what the neighbour has or has not done?
3.1 Have you either sent or received any letters or notices which affect your property or the neighbouring property in any way (for example, from or to neighbours, the council or a government department)?
3.2 Have you had any negotiations or discussions with any neighbour or any local or other authority which affect the property in any way?

You have to state clearly “yes” and give details or “no” - leaving it blank and trying to avoid the issue is not an option.

from_the_other_forum

bo_drinker wrote: »

WHY should you declare them ??? If so tell the potential buyers about the monthly flight path of concorde and the dodgy drains on the weekend, also the funny smell from the factory that kicks in now o=and then. I don't tell my potential halfwit/ buyers about the football fan traffic/ parking that occurs here on a saturday a/noon.

The SPIF, which you HAVE to fill in before exchange of contracts IS legally binding, check out an example of one here...

http://www.nfh.org.uk/resources/Articles/moving_tips/forms/SPIF.pdf

Neighbour disputes are slightly different, unlike funny factory smells, they are likely to re-ignite in the future and cost your buyer alot of money in legal bills, ££,£££. If they can prove the you lied on the SPIF, (police records, council warning letters, any written complaint from your neighbour etc), then the new buyer could come looking for you, and instigate court action to recover all legal costs plus damages against you £££,£££.

Could you get away with it, hmmmmm? what are the chances your NFH will make trouble in the future with your new neighbour, erm, probably quite likely if they are true NFH!!!

I would suggest covering your own legal behind!!!!, mention the problem you have with next door-(but not with any other neighbours)-casually upfront and realise that it may mean adjusting your price by ££££. I know it's not fair, especially if you didn't start the troubles, but losing out on ££££ is better than loosing out on £££,£££ further down the line.

Concentrate on the positive points when selling, (remember the things that lured you into purchse originally), clean the place till it squeaks, price it correctly and the house WILL sell.

neverdespairgirl

bo_drinker wrote: »

WHY should you declare them ???

Because it's on the selling forms, and failure to declare it could result in you being sued for fraudulent misrepresentation.

Incisor

If the question arises in viewings, then it is right to mention that you don't get on with the neighbours at that point.

Otherwise, yes, it has to be mentioned in the selling forms. But the best thing is to have a competent agent and let him advise the buyer at the time of any offer being made. As seller, it is not in your interests to wait for the stage in the process where the property forms go to the buyer's solicitor - you cannot manage the presentation of the information to the buyer - and the solicitor may leave telling the client till close to exchange, which can inject many weeks of delay into the process, plus it leaves the seller on tenterhooks.

If the agent tells the buyer at time of offer, and the buyer withdraws, you can move on very quickly with no lost time.