do i have to mention flood when selling

Cara79

We're in the process of selling & buying & can confirm it was a standard question on the questions form (can't think what it's called) so you'll have to tell the truth otherwise I *think* they could sue you.

Having said that I'm sure this would have been the case in 2005.
X

moneyistooshorttomention

Cara79 wrote: »

We're in the process of selling & buying & can confirm it was a standard question on the questions form (can't think what it's called) so you'll have to tell the truth otherwise I *think* they could sue you.

Having said that I'm sure this would have been the case in 2005.
X

...which brings us neatly round to:

- Are you "out of time" to sue the people who sold the house to you? Do you know the applicable time limit?

- Can you afford to sue them?

londonTiger

either way their mortgage company will tell them they need to get flood insurance with the property if you're in a flood prone area. so they will find out.

seashore22

We are in the process of selling a 1st floor flat in a city centre. The buyers solicitor did ask if it had ever flooded. I would expect this to be a standard question, especiallly with the stories in the news at the moment.

HappyMJ

seashore22 wrote: »

We are in the process of selling a 1st floor flat in a city centre. The buyers solicitor did ask if it had ever flooded. I would expect this to be a standard question, especiallly with the stories in the news at the moment.

Although the first floor may not flood you need to answer that question for the whole property including the ground floor and anything below that. If damage were to be caused to any part of the building your freeholder would have to fix it and would charge any excess on the insurance to all the leaseholders including those on the first floor.

BurnleyBob

With both of the properties I've purchased this year the seller completed an identical Property Information Form that their solicitor availed mine of.

One question, under the heading Environmental Matters, asks: 'Has the property suffered from flooding?' There's boxes to tick Yes or No but not a Not Known box (as there is with some other questions). Beneath is another box to give further details if the seller ticked Yes.

On the front of the form is guide notes to the seller. What seems like the most salient info reads:

'It is very important that your answers are correct because the buyer will rely on them in deciding whether to go ahead. Incorrect or incomplete information given to the buyer through ourselves, your estate agent, or mentioned to the buyer in conversation between you, may mean that the buyer can claim compensation from you or even refuse to complete the purchase.'

That suggests to me that if the OP is required to complete something similar then being, er, a little forgetful in ticking No wouldn't be illegal but could cause future problems especially if the purchaser would likely discover the flooding perhaps from casual conversations with near neighbours who might now of the previous flooding.

artbaron

^ That's the link in my previous post

tbs624

OP don't be tempted to be less than truthful - housebuyers can sue.

As artbaron says, the flooding question *is* included on the standard forms. (G_M must not have had his specs on this morning )

We insisted on a formal written response to very specific flooding queries on one of our property purchases, and this was before the apparent increase in areas hit by floods over the past few years.

G_M

artbaron wrote: »

Isn't it this, Q 7?



http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&ved=0CFcQFjAF&url=http%3A%2F%2Fwww.lawsociety.org.uk%2FAdvice%2Fdocuments%2FTA00-form-specimen%2F&ei=aTq1UIOoNK6Q4gSShoGYBg&usg=AFQjCNFyhH598TVC0_XFJmkzKgvlKghT5Q&sig2=q-s35UodExg6_Cl4PE1m3A

Thanks. It's been a while since I bought or sold so am perhaps out of date.

The "Enquiries before contract' that I linked to certainly didn't ask about flooding.

The PIQ you linked to I thought was used only in HIPs (no longer required) but maybe the PIQ is still used on a non-HIP basis.

I must admit I'd be surprised if the question was not asked these days...!

PenguinOfDeath

I'm in the process of purchasing a house and this question is included on the list from the vendors via solicitors, I'd imagine the buyers mortgage valuation may bring it up before this?