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Should I Tell prospective buyers this ?
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There is a fine line here. My friend was recently sued for repair costs to a leaky roof after he had sold. The reason he had to pay up was because there were 'obvious signs of botched repair' which meant he knew about the problem and didnt come clean. I always thought it was down to the survey etc, but not always.
If its minor problems as above, and you are not specifically asked, you don't HAVE to tell. if your asked you MUST come clean. And if you've bodged it up then you definitely better come clean or cross your fingers for a year afterwards lol.0 -
In the late 80s, my parents were sued by a man they sold a house to because they had failed to tell him that there was not enough gravel on the driveway, the window sills needed replacing, and there was no shower curtain in the shower (I'm not joking!). In fact, my mum had pointed out the window sills were rotting at the time, and had even kept a diary and mentioned all the viewings that took place, including what was said, and was thus able to prove that she had disclosed.
The man sued us for about £30K, most of it for double glazing costs. It was an absurd legal battle, but caused our family a great deal of financial woes and heartache. It later transpired that the man was owed a favour by a solicitor, who agreed to take on this lawsuit in lieu of a payment. I lost three years of my childhood due that man - the financial worries my family had were so immense that it affected my health.
We won the legal battle - he pulled out the day before we were due to go to court - and he ended up out of pocket to the tune of £25K (including paying for our legal costs), but since then, I would ALWAYS recommend that you disclose any flaws with an article you are selling.Errors of opinion may be tolerated where reason is left free to combat it. - Jefferson0 -
If you are asked a direct question - either verbally or on the Seller's Information Form - you must answer it truthfully and completely.
Otherwise, you do not need to "raise the alarm". This is precisely why the buyer has a survey (or not, at their own risk).Warning ..... I'm a peri-menopausal axe-wielding maniac
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Jesus chrits:eek:Melissa177 wrote: »In the late 80s, my parents were sued by a man they sold a house to because they had failed to tell him that there was not enough gravel on the driveway, the window sills needed replacing, and there was no shower curtain in the shower (I'm not joking!). In fact, my mum had pointed out the window sills were rotting at the time, and had even kept a diary and mentioned all the viewings that took place, including what was said, and was thus able to prove that she had disclosed.
The man sued us for about £30K, most of it for double glazing costs. It was an absurd legal battle, but caused our family a great deal of financial woes and heartache. It later transpired that the man was owed a favour by a solicitor, who agreed to take on this lawsuit in lieu of a payment. I lost three years of my childhood due that man - the financial worries my family had were so immense that it affected my health.
We won the legal battle - he pulled out the day before we were due to go to court - and he ended up out of pocket to the tune of £25K (including paying for our legal costs), but since then, I would ALWAYS recommend that you disclose any flaws with an article you are selling.0 -
Let this be a warning to you nel, when you sell your house - point out the beer stains on your carpet.
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