Special Conditions - Legally Binding?

Errata

Or to put it another way, the property wasn't surveyed, it was valued.

dorsoduro

Doozergirl wrote: »

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.

From what I've read, if the purchaser can prove that he was fraudently or negligently misled, either verbally or in writing, and he's prepared to pursue the case, caveat emptor goes out of the window. In addition, there has been at least one case where a purchaser has successfully sued a building society valuer.

Once you start delving, it's a bit more of a minefield than commonly believed.

evoke

So your purchaser can prove that you told him the roof is perfect and will not start leaking shortly after he moves into the property? No, I don't think so either. Relax. Your purchaser sounds like tw*t.

ILW

The purchaser was not knowingly misled. They appear to have stated no grounds for their complaint. The OP should not say anything at all apart from "prove it or shove off".

Richard_Webster

I am struggling to imagine what OP might have said that could help the buyers.

If you had a problem with the roof before and told the buyers you hadn't had a problem then they might begin....and they would have the hurdle of the special conditions and proving a deliberate intention to mislead etc....

If you hadn't had a problem and simply said that you are not making a representation about the future so I can't see where that would get them.

bris

dorsoduro wrote: »

From what I've read, if the purchaser can prove that he was fraudently or negligently misled, either verbally or in writing, and he's prepared to pursue the case, caveat emptor goes out of the window. In addition, there has been at least one case where a purchaser has successfully sued a building society valuer.

Once you start delving, it's a bit more of a minefield than commonly believed.

This is correct, you can't say something is good if you know it's not. On the other hand if you said something was good to the best of your knowledge at that time, then under extreme circumstances such as the wild weather in December it turns bad this is outside your control and you have not deliberatly mislead the buyer.
Thousands of roofs, including mine failed under the stress of the December weather, no one can account for that.

dorsoduro

Richard_Webster wrote: »

I am struggling to imagine what OP might have said that could help the buyers.

Absolutely nothing, as not once during his seven visits to the property did he ask anything whatsoever about the roof (or anything else about the fabric of the house for that matter).

However, as his solicitor's letter contained seven inaccuracies (I've being very careful with the wording there!), he appears to have some difficulty separating fact from fiction.

goRt

The clause you're referring to is known as 'the entire agreement clause' - very common in contract law

ILW

dorsoduro wrote: »

From what I've read, if the purchaser can prove that he was fraudently or negligently misled, either verbally or in writing, and he's prepared to pursue the case, caveat emptor goes out of the window. In addition, there has been at least one case where a purchaser has successfully sued a building society valuer.

Once you start delving, it's a bit more of a minefield than commonly believed.

They are just trying it on, you have nothing to worry about. Your solicitor should have just sent them a prove it or go away letter by now.

Richard_Webster

They are just trying it on, you have nothing to worry about. Your solicitor should have just sent them a prove it or go away letter by now.

I agree. The buyer's solicitor probably wanted to shut his client up so agreed to write the letter for a £50-£100 fee to get the buyer out of the office and is waiting for OP's solicitor to write back the "prove it or go away" letter so he can tell his buyer client: "I told you so".