Time Limit Claim for Misrepresentation?

dorsoduro

To cut a long story short (I've already posted, and received very helpful advice on the full sorry saga), about 11 weeks after completion our purchaser's solicitors wrote threatening to "bring action under Civil Procedure Rules" for negligent or fraudulent misrepresentation concerning a roof defect that came to light about eight weeks after completion.

We have now obtained proof that we had no knowledge of the defect, and had in fact been assured by an expert that the roof in question was sound, and this has been forwarded to the purchaser's solicitors. This means that they have no case whatsoever, but our solicitor is unable to get confirmation from them that they are dropping the action. All we want is an apology for accusing us of lying, and the threatened action withdrawn.

Does anyone know if there is a time limit for proceedings to commence, after which we can forget all about the whole distressing saga?

RabbitMad

6 years i'd say

casper_g

dorsoduro wrote: »

...about 11 weeks after completion our vendor's solicitors wrote...

You mean your purchaser's solicitors, right?

sonastin

I'm sorry to say these things are usually measured in years rather than months so it could be some time yet. I don't know the figure specifically for misrepresentation but 6 years is a pretty common timescale for limitation.

They might be taking a petty victory in "well we might not be able to claim off them but lets make the b*ggers sweat" which is why they won't telly you they're dropping the action. Now you've got all your paperwork in place, just forget about it and move on. Start the worrying again next time you hear from them because there's nothing more needs doing until then anyway.

madmish00

Unfortunately it is likely to be 6 years.

But if you have documentation proving you knew nothing at the time then I wouldn't worry at all. At the end of the day if they had a proper survey done they should be going after the surveyor for not highlighting the problem not you. And if they didn't get a survey done then it's just tough luck.

For a misrpresentation to take place you would have specifically have had to tell them that there was no problem with the roof whilst knowing that there was and your representation must have induced the contract.

Tell them to take a long walk off a short plank (or roof in this case!)

CloudCuckooLand

3 to 6 years depending on where it falls in the multitude to types.

http://www.legislation.gov.uk/ukpga/1980/58

dorsoduro

casper_g wrote: »

You mean your purchaser's solicitors, right?

Oops, thank you, yes. 'twill be edited.

Pitlanepiglet

if you knew nothing of the problem then you have nothing to fear.

What interests me is why you had an "expert" look at the roof in the first place? Most sellers don't have experts look at the roof of the property that they are selling unless they have some concerns about it. Was there something that made you think that there was a problem?

stokesley

We're in a similar situation.

During the long winter evenings, we wondered about counter-suing for attempted extortion/defamation/libel to end the whole damn thing, though have no idea if this is feasible in practise. Oh, and we've been told it's a six year wait which is simply appalling as my OH is 75 and will (hopefully) be 81 by the time we know anything definite.

Good luck!

stokesley

Pitlanepiglet wrote: »

What interests me is why you had an "expert" look at the roof in the first place? Most sellers don't have experts look at the roof of the property that they are selling unless they have some concerns about it. Was there something that made you think that there was a problem?

Sorry, wrong place

dorsoduro

Pitlanepiglet wrote: »

What interests me is why you had an "expert" look at the roof in the first place? Most sellers don't have experts look at the roof of the property that they are selling unless they have some concerns about it. Was there something that made you think that there was a problem?

Large area of flat roof; we have always been aware that they are vulnerable, so erred on the side of caution and had it checked and, if necessary, maintained every year.