Mis-sold property with issues. Please advice.

aandumk

Hi!

This is our first post, so please go easy on us.

Completed on our first house a 3 bed, about 7 weeks ago. There is a shared driveway which as per the title deeds, belongs to the house but is shared with the houses on either sides. The other parties have rights to walk, drive over (but not park) it at all times.

Since we moved in, we have discovered the following:

a. The seller was in an ugly dispute with the neighbours on the right. Neighbours had two cars but parking space for only one and were leaving the other parked on the shared drive, which the seller was objecting to. There were police, solicitors involved etc. We were not informed about this at all. The neighbours have now bought an even bigger car and are leaving it on the drive! We dont want to upset them by starting a dispute all over again!

b. The property was advertised with two parking spaces but we have discovered it has only one. The other space is part of the shared drive. When we viewed the house the Estate Agent explained in detail about the two parkings. I think the EA mis-sold the property by advertising it with two spaces. Can we complain about this?

c. The pitched garage roof is leaking badly on one side and the seller has messed up that entire elevation ( the whole elevation is visible only from the neighbours garden) by pouring tar/bitumen paint and plastering cement with his fingers! We specifically asked about the state of the property including repairs that had been carried out to any of the roofs but the seller didn't disclose anything. The sale of the house had fallen through a few times because of the issue with the roof.
The cost of fixing the roof has been quoted between £1200 and £1500.

d. There are other leaks/repairs that are all DIY bodges but we think those are within our means to set right.

Needless to say we are not in a sticky situation. Please let us know the best course of action.

Bantex_2

What did your survey say?

patricia..xx

a. I think you have some kind of case - but you need to speak to your (or another) solicitor

b. Again, maybe a case, but would it have made a difference to the price, and can you prove it? If not, I 'd forget it (unless linked to a.)

c. Did this come up on a full structural survey? If you didn't have one, just get it fixed. If you did, perhaps a case. That is not a lot of money in the grand scheme of owning a house

d. Fix them. This is part and parcel of owning a house, unless it is brand new, then you might get 5 years where you don't have to do anything.

Sorry if that sounds harsh, the parking thing does sound a real nightmare and I think there could be some comeback for the seller.

aandumk

The survey was a basic one and it didn't say anything whatsoever.

mrginge

A. Speak to your solicitor. If it was not declared it could open the seller up to legal action. There have been cases were not declaring such disputes has cost people thousands in damages.
B. Yes you can. You wont get anything though. It's your solicitor's job to check things (did you ask them to?).
C. What survey did you have and what does it say about this issue?
D. Welcome to home ownership.

00ec25

you should have agreed the title plan to what you saw on the ground re 1 or 2 "parking" spaces

your surveyor could not have accessed the neighbours garden to see the state of the roof from their side so how are you able to see it now and therefore is it (un)reasonable that the surveyor did not report on it

the seller was certainly required to report neighbour disputes if you have evidence that the police were involved, go back to your solicitor and get them on the case if you are sure the vendor has committed fraud

davidmcn

(a) Did you ask about disputes? What did the sellers say in response?
(b) EA may simply have been relaying what they had been told - it's not up to them to check the title deeds. You went ahead despite finding out the actual position, yes?
(c) What did your survey say?
(d) Not an issue

00ec25

aandumk wrote: »

The survey was a basic one and it didn't say anything whatsoever.

then you got what you paid for, this was your first house, the most money you ever spent in your life and yet you approached it with less diligence than you would show when buying fresh not rotten vegetables in the supermarket
if you are wet behind the ears with property then pay a professional to do the work for you, otherwise it is caveat emptor, as you now find

aandumk

a. I think you have some kind of case - but you need to speak to your (or another) solicitor
More than a case against the neighbours, what is the best way to discuss/resolve this with the neighbors?

b. Again, maybe a case, but would it have made a difference to the price, and can you prove it? If not, I 'd forget it (unless linked to a.)
Parking is a bit of a problem here. The only other option is leave the car parked on the road.

c. Did this come up on a full structural survey? If you didn't have one, just get it fixed. If you did, perhaps a case. That is not a lot of money in the grand scheme of owning a house
Didnt do a full survey. The annoying thing is the EA knew about this but lied straight to our face that everything was fine.

d. Fix them. This is part and parcel of owning a house, unless it is brand new, then you might get 5 years where you don't have to do anything.
I agree.

Sorry if that sounds harsh, the parking thing does sound a real nightmare and I think there could be some comeback for the seller.

aandumk

(a) Did you ask about disputes? What did the sellers say in response?
Nothing. The SPIF was just NA for everything.

(b) EA may simply have been relaying what they had been told - it's not up to them to check the title deeds. You went ahead despite finding out the actual position, yes?
Nope. We found out after we moved in! The neighbour on the left says he informed the EA (twice once in person and once by phone) that the property had only one parking space and not two.

We didn't have access to the title deeds etc. Did download the title register online but it just showed the boundaries including the shared drive as belonging to the house. The title deeds were not available for download.

(c) What did your survey say?
Basic. So said nothing.

(d) Not an issue

aandumk

00ec25 wrote: »

you should have agreed the title plan to what you saw on the ground re 1 or 2 "parking" spaces

your surveyor could not have accessed the neighbours garden to see the state of the roof from their side so how are you able to see it now and therefore is it (un)reasonable that the surveyor did not report on it
We bought the house when the weather was relatively dry. The recent small rains have revealed the leaks from inside. Then the neighbours (on the right) invited us into their garden and gave us a tour of all the bodges...

Apparently they had showed a few other buyers about this when they came around to view (leading to buyers pulling out). Unluckily for us we viewed when they were out...

the seller was certainly required to report neighbour disputes if you have evidence that the police were involved, go back to your solicitor and get them on the case if you are sure the vendor has committed fraud

Good point.