Purchased House, Had previous damp, was told it had been sorted but has not? Wat2do?

kinger251285

Hi All

We purchased a house back in August (Sale started June/July)

When we first viewed the property it was being rented and there was a wall full of mould. The estate agents had not seen the property before and were as shocked as us.

We made a low offer on the basis of the damp which was rejected. We were then told the damp issue had been resolved and the room had been painted.

We viewed again and all seemed ok.

However in the last couple of days we have noticed water running down the walls in the same place as the damp issue was which we are now assuming is the same problem as previosu but has not been rectified.

What legal legs do we stand on? I have it in writing that the problem had been sorted from the estate agents in the form of an email.

Can we have the problem sorted and send the bill to the estate agents who will then take the matter up with the previous owner?

We only upped our original offer on the basis that this problem had been rectified?

Any help is appreciated.

Matt

terryw

What did your surveyor say? What guarantees were provided by the vendors solicitors to your solicitors?

julieb1987

Not sure where you'll stand. Technically they did get rid of the damp, and you saw the property after this and then put in your offer. They obviously didn't dig deeper and sort the cause of the damp.

As you went for a viewing and you put in an offer based on the condition of the house, I personally don't think you have a case. Did you get a survey done? Was anything mentioned on there? If it was, then you willingly bought the property knowing about it. If not, then they could argue there was nothing on the survey so happened after you moved in.

G_M

kinger251285 wrote: »

Hi All

..... We were then told the damp issue had been resolved and the room had been painted.

We viewed again and all seemed ok.


Matt

You need to be much clearer.

*told by who?
* told how - in writing? via your solicitors?
* told what? Was the cause of the damp specified? Were you told what remedial action had been taken?

I'm afraid being vaguely told on the phone "It's all OK now" will be meaningless.

kinger251285

Hi thanks for your replys so far.

We had a survey, and nothing came up on this.

I know technically they could argue that the problem has happened since.

The fact we brought it up prior to making an offer with the prevaso of the damp problem, we were then told the problem was sorted (only proof was the email). We were told over and over that this had been sorted via mouth. Then we made another offer on this basis should stand for something?

Either they have repaired a problem innefectively told us it had been done so properly and then it hasnt or they just did not get it looked at at all and just repainted the room. One way or another they have mislead us and made us increase the offer.

It appears to be a problem either with pointing or a roof tile. Surely Neither would be damaged within 2 months of us living there, these would be something that is damaged over time.

Should i contatct the estate agents to see what they suggest or would it be solicitors?

kinger251285

G_M wrote: »

You need to be much clearer.

*told by who?
* told how - in writing? via your solicitors?
* told what? Was the cause of the damp specified? Were you told what remedial action had been taken?

I'm afraid being vaguely told on the phone "It's all OK now" will be meaningless.

We were told by the estate agents, who were told by the sellers.

We were told face to face numerous times face to face. I also have an email from the estate agents too that the problem had been inspected and resolved.

Below is what the estate agent said:

"The damp was painted over as it appears that it was condensation from where the tenant had her canvas wardrobe, the owners did get it looked at"

G_M

If all you have is an email (saying what? PLEASE GIVE CLEAR EXPLANATIONS IF YOU WANT ADVICE!) you have little to go on.

It appears to be a problem either with pointing or a roof tile.

a roof tile? For goodness sake! Get an odd job man with a ladder for £25 and fix it!

If it is pointing, how extensive? Did the survey mention pointing? Have you had a builder round for a quote? Again, this could be a £25 problem .... or a £2000 one.

G_M

kinger251285 wrote: »

We were told by the estate agents, who were told by the sellers.

We were told face to face numerous times face to face. I also have an email from the estate agents too that the problem had been inspected and resolved.

Below is what the estate agent said:

"The damp was painted over as it appears that it was condensation from where the tenant had her canvas wardrobe, the owners did get it looked at"

:rotfl::rotfl::rotfl:

The estate agents? So nothing from the sellers? Forget it.

"it appears it was...." so no expert opnion or guarantee then.

"The damp was painted over....." So true, then.

kinger251285

G_M wrote: »

If all you have is an email (saying what? PLEASE GIVE CLEAR EXPLANATIONS IF YOU WANT ADVICE!) you have little to go on.

a roof tile? For goodness sake! Get an odd job man with a ladder for £25 and fix it!

If it is pointing, how extensive? Did the survey mention pointing? Have you had a builder round for a quote? Again, this could be a £25 problem .... or a £2000 one.

I have replied to your original post i did not see yours before i replied to the others. I have now replied to yours.

We are having a roofer come round today to inspect what the problem could be.

I will request a quote. Obviosuly if it is £25 or so i wont be too worried.

However if it is a substantial amount then i will want to know what i can do.

kinger251285

G_M wrote: »

:rotfl::rotfl::rotfl:

The estate agents? So nothing from the sellers? Forget it.

"it appears it was...." so no expert opnion or guarantee then.

"The damp was painted over....." So true, then.

The sellers have told the estate agents, you never actally talk to the sellers when buying a property, its estate agents and solicitors.

Therefore if we make a claim against the estate agents then surely in turn they will take this up with the sellers??

olly300

kinger251285 wrote: »

The sellers have told the estate agents, you never actally talk to the sellers when buying a property, its estate agents and solicitors.

Therefore if we make a claim against the estate agents then surely in turn they will take this up with the sellers??

You have no claim.

You are flogging a dead horse.

It was up to you to get your surveyor to see where the damp issue was coming from - after all you paid for a full structural survey right?

Than once you got the survey you should have negotiated with the sellers to decrease the price of the property by the value it would cost to fix the problem.

As you didn't do this before you exchanged on the property you now have no claim.

BTW if you are in Scotland the law is different but you should have made that clear when you posted.