Do I need to tell buyers of new roof repairs before exchange of contract?

hopetomovesoon

Hi, would be grateful for some advice ASAP please!
I am in middle of selling my flat (share of freehold) and buying another property. We have not yet exchanged contracts. All forms and lease holders pack have been sent to my buyers solicitor (some weeks ago ago) which advised no buildings works were due to be carried out. However, I have just been informed by freehold director the flat above are experiencing leaks through the roof. We have in last week had inspection and received quotes and hoping for the works to go ahead in next month or so (not sure when exactly but hope to find out soon).

Should I disclose the above information to the buyers? They have not wanted to have a survey or homebuyers report done on my property. I am willing to pay my share of the works that need to be done and we have a sinking fund where some monies will be used. However, I am worried that disclosing the works may panic the buyers and change their minds about buying my property (if they think this will be the start of a series of buildings works). I discussed this with my solicitor who said I could just forward the email from the freehold director and quotes direct to my buyer so they are aware that I would be paying for the works (I would not have contact details only via my estate agent) - I was surprised my solicitor said I do not need to go through them.
I need to know if I may have a choice on how to deal with this i.e. should I tell buyers of works to be done or do I NOT need to tell them if I am paying and they are to be done in next month or so while I'm still living in property or if done shortly after I move? I am not fully sure when exactly works will start but hope this will be agreed soon. Where do I legally stand if buyers have had no survey/homebuyers report? If I don't dislcose the above could they still sue me after completion if they discover works are being done?

Thank you

IAmFledge

I think being up-front has the least chance of anything backfiring. I think if communicated in the right way, the buyers would appreciate your being up-front with them.

Out of interest which part of the country are you selling?

G_M

I would have thought you have a duty to reveal any material changes in the information you have already provided.

But you are paying a solicitor to advise you, so if he has given you written advice, follow it.

However, it was a phone call, I'd seek written confirmation.

Suppose you get sued later for non-disclosure? If you have a letter from the solicitor, you can make a formal complaint. If not, you can't.

Richard W might be along soon with better advice.

katejo

Won't the buyer's solicitor ask for details of any planned work? If he/she doesn't then i suppose it is a matter of conscience?

Yorkie1

katejo wrote: »

Won't the buyer's solicitor ask for details of any planned work? If he/she doesn't then i suppose it is a matter of conscience?

They already have, and they've been told - accurately at the time - that no such work was planned. Things have now changed so that the official documentation is now inaccurate, albeit still vague pending investigation.