House seller lied to solicitor

rocketman46

Hi All,

I bought a new house 3 months ago and was so happy with it. Today the next door neighbor started to pull roof off and build a big extension over looking our house. This was not in solicitors buyer report.

I have spoke to solicitor and they said its not there fault the seller did not disclose and there checks did not pick this up.

Do i have any come back on this issue as planning was granted 2 months before i bought our house.

Look forward to your reply.

Regards,

giddypenguin

I think your solicitor should have picked this up. At least this was included in our searches when we purchased. Does your contract with your solicitor mention planning requests?

dotdash79

You need to look at the planning portal for your council and see when PP was given.

I suspect that the seller should have disclosed it but the searches should have picked this up, get a copy of your file.

antrobus

rocketman46 wrote: »

....I have spoke to solicitor and they said its not there fault the seller did not disclose and there checks did not pick this up.....

I think your solicitor might be lying to you. A local authority search is a standard part of the conveyancing process and would have revealed any local planning applications.

rocketman46 wrote: »

....Do i have any come back on this issue as planning was granted 2 months before i bought our house...

Speak to a different solicitor. You may well have some "come back" against the one that did your conveyancing.

rocketman46

Hi all,

We moved in in April, planning was passed in January.

Just a big shock. The house was nice a private previously, now they are overlooking our house and garden.

ANGRY is an understatement.

pinkshoes

I seem to recall a similar post a couple of years ago where a HUGE block of flats were being built at the other side of the road blocking the (advertised) sea view which the seller didn't declare. The buyer won compensation from the seller.

I am quite sure that the seller should have declared this on their selling form (PIF), although the searches should have perhaps picked this up too.

Ultimately, I'm quite sure the seller should have declared this. Have you got the property information form they filled in for the sale?

In fact, on the law society, it states that:

It is very important that the answers are accurate. If you give incorrect or incomplete information to the buyer (on the Property Information Form (TA6) in writing or in conversation, whether through your estate agent or solicitor or directly to the buyer), the buyer may be able to make a claim for compensation or refuse to complete the purchase

http://www.lawsociety.org.uk/advice/articles/ta6-property-information-form-explanatory-notes/

ging84

why would the seller have to disclose what are public records they possibly know nothing about

rocketman46

I thought the solicitor checked everything.

I think they have just missed it?

Just more agro that is not really required.

BJV

So sorry can not offer any advice but you must be devastated. I would keep calm and get some advice. Really gutted for you.

pmlindyloo

ging84 wrote: »

why would the seller have to disclose what are public records they possibly know nothing about

Because the seller would have been contacted by the Planning department for their comments as it was their next door neighbour, so the seller would have been completely aware of it and should have declared it on the form.

Seabee42

Having just received the searches for the property I am buying they very specifically refer to planning permissions granted within 250 yards of the property.

The answer was nil.

Since the searches come from the local government (that one anyways) the answers from the local government were included in my case as well as the solicitor summary.

I would be checking my paperwork. If nothing shows I would be taking action. Note I advise the local government answer as it may not be your solicitor.