Case Or No Case

david29dpo

my solicitor knows of one case where a buyer was successful claiming costs for a similar problem, but thinks it was settled out of court. this was a private case in the small claims court about 4 months ago. i will try and get the details.

courtjester

I believe the situation in English law is that all dealings before property sales are 'subject to contract' and it is the norm that 'due dilligence' enquiries carried out to check information provided are at the individual expense of each side, so that there is no legal duty of care or commitment in the run up to contracts being agreed and signed.

You appoint your solicitor (or surveyor) to protect your position and check out the sale details before committing to the sale and this is your own decision to incur costs and expenses in your interests, which in this case, appear to have been well spent...

Only at the point of exchanging contracts does any obligation (and hence ability to sue for losses due to misrepresentation) arise.

prudryden

Ask your lawyer if the rule of estoppel could apply. I somehow doubt it, but the threat could result in a settlement out of court. However, it may not be economically practical to pursue.

matto

HSD wrote: »

Hi, I understand what you are saying, but

I am entitled to rely on sellers property information form as per its front page. Had I known what I know now, i would not have spent £725 on homebuyer survey etc. I have been misled. Money wasted

But did you know the contents of the sellers property information form prior to instructing surveyors?

olly300

matto wrote: »

But did you know the contents of the sellers property information form prior to instructing surveyors?

Sounds like the form you get from the Estate Agents prior to instructing solicitor a and appointing a surveyor. This has no legal binding what so ever.

matto

olly300 wrote: »

Sounds like the form you get from the Estate Agents prior to instructing solicitor a and appointing a surveyor. This has no legal binding what so ever.

Yes. Wasn't sure it was this form he was referring to in which case I agree entirely, or whether it was one received via solicitors which may have more legal standing, but isn't likely to be received until after survey has been done. That being the case he wouldn't be able to claim any loss as he didn't have the information before instructing that the surveyor.

HSD

paddy's_mum wrote: »

The information on the Sellers Property Information Form (SPIF) has relevance ONLY when a contract is entered into, and that decision is based (wholly or partly) upon the information given in it. In this case, no contract was entered into and therefore I do not believe that you can use the spif to support an allegation concerning what you see as her wrongdoing.

I can totally understand your anger but I think your solicitor is right that you have a weak or nonexistent case. I wish you better luck and a more honourable seller next time.

Hi, just dug out this form. link http://www.nfh.org.uk/resources/Articles/moving_tips/forms/SPIF.pdf

opening page does not mention anything about contracts. It also makes statement about tenants.

HSD

david29dpo wrote: »

my solicitor knows of one case where a buyer was successful claiming costs for a similar problem, but thinks it was settled out of court. this was a private case in the small claims court about 4 months ago. i will try and get the details.

If you could, that would be great. Thanks in advance.

I have already decided to go through the small claims court, depending on the reply I receive.

HSD

matto wrote: »

But did you know the contents of the sellers property information form prior to instructing surveyors?

yes, received in March. clearly written no tennants. Also certificates were verbally and in report (she had). In April gave go ahead for Hombuyer Survey

Its due to these 2 issues, I beleive she pulled out

paddy's_mum

HSD - I think that you may be slightly missing the point here, no offence intended. The spif form that you linked to earlier does not, you are quite right, mention contract specifically.

In the famous misrepresentation case of McMeekin v Long, the judge in that action rightly referred to the spif as being expressed in clear, layman's language. It is not a document full of legalese and gobbledegook. It does, however, very strongly indicate that the answers are PRE contract.

Bullet Point 3 'deciding whether to go ahead' and 'complete the purchase'. BP 7 'before the sale is completed'
BP 8 'notices ... before competion'
BP 11 'form part of the contract between you'.

In this context, completion is a legal entity and comes as a result ONLY of having established a contract between you and the seller. You cannot have completion where no such contract or agreement exists between you.

It is entirely your choice whether you pursue this through the small claims court but I would strongly suggest that you seek proper legal advice first. This forum has a valuable place but a solicitor is liable if he gives you wrong or misleading information.

My personal opinion is that you are on a hiding to nothing. I hope I am proved wrong and I wish you well with dealing with it all.