Failing to disclose on buyers and sellers form - help please

SPELLKASTER

My husband and I purchased our house 2 years ago.

The vendor failed to declare there was a mobile mechanic who lives 3 doors away.

We've experienced quite a lot of problems with this chap.

The searches that were made did not pick up this mobile mechanic.

We feel that if this was disclosed to us at the time of the purchase, we would not have bought the house due to this mobile mechanic.

Now we wish to sell, we would have to disclose problems with him, so were up creek without a paddle so to speak.

Can anyone please advise for us what to do ...

We were not made aware of this mobile mechanic by the seller of the property, and he also failed to declare other problems on the buyers and sellers form.

The only trouble we have is that we have no forwarding address, how can we trace where he has moved to to chase him for answers?

Do we have a claim for non disclosure?

Thanks

DRP

SPELLKASTER wrote: »

My husband and I purchased our house 2 years ago.

The vendor failed to declare there was a mobile mechanic who lives 3 doors away.

We've experienced quite a lot of problems with this chap.

The searches that were made did not pick up this mobile mechanic.

We feel that if this was disclosed to us at the time of the purchase, we would not have bought the house due to this mobile mechanic.

Now we wish to sell, we would have to disclose problems with him, so were up creek without a paddle so to speak.

Can anyone please advise for us what to do ...

Thanks

did the previous owner report these problems to the police, environmental health or council? Have you reported the mechanic?


if not, i don't see why you need to disclose anything.

ognum

I don't think I understand, maybe the previous owner had no issues with your neighbour, why do you assume they did?

I don't believe you can take issue two years later, many circumstances can change in two year maybe his buisness has got larger and busy in that time.

Why have you left it till now?

JQ.

As above, do you know for certain that the vendor had an issue with the mechanic? They only have to declare actual disputes. Some people would consider it a bonus to have a mechanic on their doorstep.

SPELLKASTER

Yes, we have reported him to the Council over this illegal business of his, he does up cars on the side of the road, the amount of vehicles that come and go is unreal, he bangs the hell out of them, and has caused oil pollution as well.

We were not aware of this mobile mechanic only after we moved in; I am awaiting a fone call from the solicitor who dealt with the purchase of the property to see if there is anything legall we can do over failing to declare.

When we sold our house, we declare problems with the elderly couple next door so we werent sued for non disclosure!!

olly300

SPELLKASTER wrote: »

Yes, we have reported him to the Council over this illegal business of his, he does up cars on the side of the road, the amount of vehicles that come and go is unreal, he bangs the hell out of them, and has caused oil pollution as well.

We were not aware of this mobile mechanic only after we moved in; I am awaiting a fone call from the solicitor who dealt with the purchase of the property to see if there is anything legall we can do over failing to declare.

When we sold our house, we declare problems with the elderly couple next door so we werent sued for non disclosure!!

If the person you brought the house on made no official complaints about the mechanic you don't have a leg to stand on.

Instead of wasting your time and energy chasing this work out how you need to get your council to enforce an order to stop him working from home.

For a start get a piece of paper and make Nuisance Diary. In the Nuisance Diary record date, start time, the type of nuisance, how it makes you feel and the end time of the nuisance. The Neighbours from Hell website has more information about this.

However if you don't make a Nuisance Diary and refuse to follow it up by being willing to go to court then it's very hard for the council to act on your behalf.

[Deleted User]

SPELLKASTER wrote: »

When we sold our house, we declare problems with the elderly couple next door so we werent sued for non disclosure!!

Presumably this was because YOU had a problem with them?

If the sellers of your house didn't have a problem with the mechanic, what exactly did you want them to disclose? - The occupation of everybody in the street?

olly300

I forgot to add in my post.

I suffered a noisy neighbour who had apparently made noise on and off for years. However as the people I brought from hadn't complained themselves - it been other neighbours - they didn't disclose this on the form.

SPELLKASTER

olly300 wrote: »

If the person you brought the house on made no official complaints about the mechanic you don't have a leg to stand on.

Instead of wasting your time and energy chasing this work out how you need to get your council to enforce an order to stop him working from home.

For a start get a piece of paper and make Nuisance Diary. In the Nuisance Diary record date, start time, the type of nuisance, how it makes you feel and the end time of the nuisance. The Neighbours from Hell website has more information about this.

However if you don't make a Nuisance Diary and refuse to follow it up by being willing to go to court then it's very hard for the council to act on your behalf.

I was told by the local Councillor that the Council cant do anything because it is not on his property.

However because he is doing it on the side of the road that falls into Highways.

He was at one stage dumping vehicles on the grass verge outside of my house; which was an eyesore, and was dangerous as it blocked the view from getting safely out of the drive.

His daughter would also park across my dropped kerb causing further problems.

I will ask my direct neighbour next door if the vendor ever had a problem.

The fact is, he is earning money and I bet he is on benefits!!

I also bet he hasn't declared this to tax and revenue either!!

Its all shoddy if you ask me, and I bet he hasn't got insurance to work on these cars either!!

bclark

What did you expect them to declare?

Do you know that there were any issues between them? Maybe it didn't bother them?

G_M

What about the postman who lives 4 doors away? He gets up at 4.00 every morning and his bicycle squeaks cos he never oils it.

Does this have to be declared on the form? Even if you sleep through the squeaking? Just in case the buyer does NOT sleep through the squeaking?

!!

If the people who sold to you had no issue with the mechanic, why should they declare his occupation?

You need to focus on the mechanic, not your long-gone sellers!

* operating a business from residential property (or is it a designated garage? In which case you must have seen it when you viewed the property)?

* obstructing the Highway

* Noise polution

* Parking on the pavement

* Peope power (get a residents association together....)