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Neighbour dispute - disclose at sale?
Comments
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Is this all over a kid staring?0
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I think the advice on what constitutes a dispute has been too relaxed. The forms the seller fills in asks 2 or 3 specific questions under the heading disputes
Are there any disputes of which the purchaser should be aware
Is there anything that youa have done as owner that may affect the property
Is there anything your neighbour has done that may affect the property.
Neighbour does not mean Next Door
You will need to talk to your conveyancer about this because Misrepresentation can elicit HIGH damages. The leading case is McMeekin V Long reported in 2003. The damages were agreed at £60k on a £120k house. It is not worth the risk.
If you explain it clearly the buyer has choice.0 -
OP, I think the reality is that no one on this forum can really tell you whether not disclosing will lead to trouble. Those questions on the form cause a lot of people a lot of anxiety precisely because it's impossible to be sure what HAS to be disclosed and what does not. You just have to decide which risk you want to take -- disclose and fail to sell, or don't disclose and possibly risk a comeback.
On the other hand, your other question, about whether you should proceed with your complaint against the neighbour -- that one's easier to answer. If you complain, you exacerbate the dispute with the neighbour, making your remaining time there even more uncomfortable, and you also make it much more likely that you'll have no option but to disclose the dispute when you sell.
Don't complain, have as little as possible to do with them, and by the time you come to sell, if there has been no further outbreak of hostilities, you should be on much safer ground in not disclosing, because if legal action did ensue, you could argue that you assumed the difficulties were in the past.0 -
It just occurred to me - when you say that the child stares at your children, is it possible that he has Asperger's syndrome or something similar, and doesn't realise that this is upsetting behaviour? Just a thought.0
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