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Special Conditions - Legally Binding?
dorsoduro
Posts: 26 Forumite
We completed on our sale three months ago, but a problem has arisen.
Our solicitors added a separate page to the contract of seven clearly worded Special Conditions, one of which states: "The Buyer admits that in relation to this sale and purchase the Buyer has not relied on any representation made by or on behalf of the Seller save for any such representation that may be contained in any written communication from the Seller's Solicitors to the Buyer's Solicitors".
My understanding is that, unless the purchaser can prove that there was fraudulent misrepresentation, the fact that he signed this part of the contract is legally binding and he cannot rely on anything we are alleged to have said (in fact we didn't say it), should the case go to court. Am I correct?
Our solicitors added a separate page to the contract of seven clearly worded Special Conditions, one of which states: "The Buyer admits that in relation to this sale and purchase the Buyer has not relied on any representation made by or on behalf of the Seller save for any such representation that may be contained in any written communication from the Seller's Solicitors to the Buyer's Solicitors".
My understanding is that, unless the purchaser can prove that there was fraudulent misrepresentation, the fact that he signed this part of the contract is legally binding and he cannot rely on anything we are alleged to have said (in fact we didn't say it), should the case go to court. Am I correct?
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Comments
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He's going to have a (very) uphill battle persuading a judge that you said X and he only bought on the strength of that.
What does your solicitor say?0 -
What is the actual problem? You say a 'problem has arisen'...Everyone is entitled to my opinion!0
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What does your solicitor say?
Looked positively gleeful when we showed him the special conditions and seemed cautiously optimistic.
We prefer not to hide behind these conditions, as we have nothing to hide and have done nothing wrong, but they're our back-up and we wondered how watertight they are.
Anyway, you lovely lot are cheaper than £200 per hour (plus VAT):rotfl:0 -
Just tell them it is nothing to do with you and to go and pester their surveyor.0
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The roof is not your problem. Sorry, but it really is as simple as that. They can pursue you all they like.
My HomeByer's Survey showed that the boiler and tank are on their last legs. They could conk out any day now. I'm buying the property knowing that. The property has two small flat roofs for an extension and garage. They looked okay to the surveyor - but the survey says the following about flat roofs as a caveat:The main roof covering is in satisfactory condition, allowing for normal weathering.
The flat roof covering is in satisfactory condition, however, future works should be
anticipated. Flat roof coverings do require periodic maintenance and can suffer
sudden localised failure.
So, problems can develop suddenly, even though the roof might not be leaking when someone looked at it.Everyone is entitled to my opinion!0 -
They just had the basic valuation 'survey'. That's why they're trying to pursue us, though they are gunning for the valuation surveyor as well...
well they're gunning with no ammunition to put in those guns.
A valuation survey is for the benefit of the mortgage lender, the surveyor is answerable to no-one but the mortgage company. The buyer nay have paid for it, but they are simply paying the mortgage company's costs. The fact that they think they're going after someone on a valuation is a heavy indicator that they are totally clueless.
It is always 'caveat emptor' - meaning buyer beware. It is always, always, always the buyer's responsibility to check that everything they want to be in good order, is as such. In order to tdo that, they would need to commission their own survey - either a homebuyers report or a full buildings survey.
Unless you've put in writing that you know the roof is amazing and never ever going to fail (which no one will do), they are barking up the wrong tree entirely. Frankly, if they have approached your solicitor, you ask your solicitor to write back telling them to 'do one'
Houses need ongoing maintenance and sod's law means that something always breaks when you move into a new home.Everything that is supposed to be in heaven is already here on earth.
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