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Case Or No Case

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Comments

  • matto
    matto Posts: 650 Forumite
    I'm not sure a contract has to exist before you can claim compensation. Arguably if you had gone ahead knowing that there were tennants in situ then you would be stopped from claiming compensation as you acquiesced and estoppel might apply.

    The problem seems to me to be that she withdrew from the sale as is her right regardless of the situation. The question then becomes a hypothetical one of would you have gone ahead with the survey had you known the truth.

    I fancy that if I was in your situation I would pursue a claim, largely on the basis that there wouldn't be much to lose (not involving solicitors mind) provided I could prove the date the SIPF was received, the date the surveyors were instructed, AND that the seller had lied. That last could be the most difficult.
  • paddy's_mum
    paddy's_mum Posts: 3,977 Forumite
    I've been Money Tipped!
    matto - I entirely take your point. Perhaps then I should change my stance and we should instead all encourage OP in order to see just what comes out of a small claims action. It could be a learning curve for all of us and something in the future to hold over the heads of truth-fudging sellers, and haven't we all at some time been caught on the back foot by them?! Hmmm .. interesting.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    rule of estoppel - pru - tell us more about this please ? - sounds interesting !
  • david29dpo
    david29dpo Posts: 3,978 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    HSD wrote: »
    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.

    found out.. it was the seller who said the house had a garage. it later turns out that in fact the garage was "borrowed" for many years from next-door. when the solicitor found out the buyer confronted the sellers who later admitted it, but said they could continue using the garage! the buyer claimed there solicitors costs. they may have lost had it gone to court but luckily the seller thought not.
  • HSD
    HSD Posts: 9 Forumite
    david29dpo wrote: »
    found out.. it was the seller who said the house had a garage. it later turns out that in fact the garage was "borrowed" for many years from next-door. when the solicitor found out the buyer confronted the sellers who later admitted it, but said they could continue using the garage! the buyer claimed there solicitors costs. they may have lost had it gone to court but luckily the seller thought not.
    Thanks for the info. Also thanks to all for their advise.
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