Between buying and completing

valgee

Does anyone know where I stand. I recently purchased a bungalow in Bournemouth with my boyfriend. We paid for the second survey up as we were worried about the drains as the front downpipe went into a drain that was sticking up about 6 inches out of the ground. The surveyor suggested we check out the drains with a drains specialist.

The Sellers estate agents arranged for this and the seller paid for it. However, we have now discovered that in between the survey and the drain specialist going there, the seller removed this drain and cemented it over. The drain specialist therefore didn't know it was there. Obviously to cover up the fact that there was something wrong with it. We have now had the drains dug up and sure enough it is all broken and needs replacing.

My question is can he get away with altering the property after the survey especially as it was to deceive us into thinking the drains were okay.

Any advice would be much appreciated.

WestonDave

I'm not a solicitor so I can't advice on exactly what the law is on this kind of deception although logic would suggest there is a case.

You need to consider the cost of the repairs and therefore what you might expect to claim from the seller.

However you have a number of problems - firstly you will need to prove to a reasonable level that had the problems been obvious you would have either recovered that by a reduced price or not proceeded.

Secondly you will need to prove he has covered them up - for that you will need to pay the original surveyor to do a report detailing the changes, as well as a report from the drain specialist detailing what his advice would have been if the drain had been visible. Those reports will cost money which you will have to fund on top of legal fees.

If you win in theory you should get your costs paid, but only if the cost of the drain work is above the small claims limit - i.e. £5000. Below that level you pay your own costs and that would obviously reduce the amount you actually receive.

You also need to consider the risks of either losing or winning but finding the buyer doesn't have the funds to pay - you may know what he did with the proceeds which may help here - if he sold up for cash he may have used the money to pay debts etc so may have nothing left.

Only you can weigh up whether it is going to be financially worth going the court route. If the potential gain is worth the risk and the hassle go and find a specialist solicitor.

Another option is to do a bit of "blagging". Go and see the estate agent and point out that as they instructed the drain expert, in your view they failed to give him sufficient information to enable him to spot this deception. Invite them to contribute to the cost of repairs.

Likewise get in touch with the seller and make it clear you have spotted his deception and are about to take legal advice. Give him an opportunity to compensate you otherwise you will consider your other options. I would suggest this is best done in writing but be careful how you word it to avoid it turning nasty if at all possible - I would not phone him or confront him in person as people when cornered can turn nasty.

Hope that helps

clutton_2

if you really really really want to live in this house, i would accept that you have been conned and buy it - i know its not fair, nor reasonable, but, sometimes a fight is just not worth it.

If the drains collapsed due to a tree being nearby and the roots may have interfered, then you can claim the repair work on the insurance once you move in.

MarkyMarkD

I'm not sure why you allowed the seller's estate agent to arrange for the drains specialist. I would help felt far more comfortable had I instructed the specialist myself.

valgee

Thanks for all your replies. I think taking everything into consideration I will try to bluff some money out of him. I can prove that he did the work after the survey as the surveyor actually mentions the drain and the drains people inspected it on the day we moved in as soon as we noticed what he had done.

Yes we were a bit silly letting the estate agent arrange the inspection in the first place but we live and learn.

I will let you know what happens as it might help someone else in this situation.

Many thanks