Sold property and roof caved in, HELP URGENT!!!

Techno

The problem is can you prove that the roof caved in after you exchanged contracts? It's really difficult for both concerned but if I bought a house I would expect it to be habitable if that is the way it was when both myself and the surveyor saw it -I think your mum should have a word with her solicitor just to see how the land lies - getting into arguments with him could make the situation worse especially if he was awkward to start with.
We all need to keep an eye on the boards for 'woman sold me a defective house - what are my rights?'
Seriously though, if he has a mortgage they used to insist that you had insurance from the second you exchanged - if he is a cash buyer, however you could be right and he doesn't have insurance. I really think the solicitor is your best bet because you can be sure his solicitor will shortly be exchanging letters with yours.
Good luck

Poppycat

On the survey we paid for a basic one, it does mention that the flat roof will need replacing in the near future but then its only an old garage that's now a workshop/store room. I haven't moved in yet

This is exactly this is what the survey said "The felt roof over the former garage in the rear garden may need replacing in the near future."

I would of thought if he had paid for a survey it would have picked it up. I expect my kitechen extension flat roof to have something similar. I was told by the survey who did our house that falt roofs normally last 15 years.

Gorgeous_George

Nothing to do with the survey/surveyor.

The house is HIS if contracts have been exchanged. The house is yours if not.

He would have good reason to pull out of the sale because the house is not fit for purpose (hence the need to make the roof watertight).

If the house is yours, he cannot claim from his insurance. If the house is his, you have no worries.



GG

braken2000

It was alright, the roof was no problems until litterally the day we exchanged keys. Then it went bottom up. The solicitor has said that is going to go to lititgation (whatever that means).

Poppycat

It sounds like he may be suing your mum for damages for replacement/repairing the roof. It might be best to seek advice and try and settle it before solictors get involved.

silvercar

GG, totally agree with your post but where does the "watertight" bit come from? I always understood that you took insurance out from exchange because it was then your responsibility, even if it burnt to the ground! Never heard mention of water tight.

braken2000

It has already gone to solicitors though. Why does she have to settle? She is not in the wrong here.

What would happen if she could not pay the damage in a worst case scenario.

Doozergirl

AFAIK The only building where the owner has a legal obligation to keep watertight is a Listed Building. Even that is a constant obligation and has nothing to do with selling.

OP, I guess you have to try and prove it occured after exchange of contracts.

prudryden

When did your Mom cancel her buildings insurance on that property? If she still had it - turn it over to them and step away.

braken2000

There are people who saw it (movers and builders) on the day and who never saw it before. Would this count?