Any success pursuing seller for compensation for lying on property info form

terrierlady

i remember selling property in Twekesbury by the marina for a new homes developer, many people will recall the terrible floods in twekesbury town,, however and i know it takes some belief, that marina area had never ever flooded, still has not to my knowledge, we had to dig up 100year weather reports, get the floodline info etc but i just wonder if this weather at the moment is something never expieranced before? perhaps they did not lie? I always said to people the choice was theirs i could not guarentee it would never ever flood,dispite all evidence reguarding the previous 100years.

PasturesNew

There was a TV programme showing a couple who bought a big/posh house on a riverbank. They got the same issue. The garden flooded on a regular basis (several times a year), but never the house.

Here it is:
http://www.dailymail.co.uk/news/article-1246159/Banker-tries-sue-couple-sold-1-9million-home-river-floods-garden.html

silverwhistle

Are there any neighbours who might be able to give you information, as all the other evidence seems a bitt circumstancial?

For what it's worth, I've never seen my garden looking so squelchy with puddles on the path: the weather has certainly been exceptional.

jessbob

bunsgalore wrote: »

Hi Everyone,

My question is, has anyone had any success in pursuing the sellers for compensation for lying on the property information form? If yes, do you have any advice?


You need to check the Contract that you signed. Most contracts do have a special condition stating that no warranty is given by the seller to replies to such property info forms and you are to rely on own searches, survey and inspection

pinkteapot

jessbob wrote: »

You need to check the Contract that you signed. Most contracts do have a special condition stating that no warranty is given by the seller to replies to such property info forms and you are to rely on own searches, survey and inspection

This isn't correct. The formal "Property Information Form" is a legal document and sellers are advised to answer it carefully and honestly because it can be relied on. This and the "Fixtures and Fittings" form are part of the contract, effectively.

Other things like the EA's property listing and things the vendors might have said verbally that you have no proof of can't be relied on.

jamesml

You say you have a strong claim but you haven't let us in on how you KNOW they were lying? Just because its happened now doesn't mean it happened to them.

jessbob

pinkteapot wrote: »

This isn't correct. The formal "Property Information Form" is a legal document and sellers are advised to answer it carefully and honestly because it can be relied on. This and the "Fixtures and Fittings" form are part of the contract, effectively.

Other things like the EA's property listing and things the vendors might have said verbally that you have no proof of can't be relied on.

As i said, some solicitors 'add' addiitonal special conditions to the contract stating that no warranty is given to the replies.

Thrugelmir

What did the searches reveal?

greenface

Armbands on the rabbit

Iwantabighouse

Hi, first you need to establish if you have any proof that the garden flooded before (you say you do). then go to a litigation solicitor and start the process. he/she will advise you on why the best person to pursue for representation is (whether the seller, the surveyor or both).

Unfortunately litigation solicitors are expensive.

if you want to message me privately, I will tell you more.

unfortunately even if you have legal cover, that normally doesn't cover the house purchase (check the small print).