Mis-sold property with issues. Please advice.

aandumk

TBagpuss wrote: »

You may have a claim against the sellers (not the neighbour) for failing to disclose the dispute with the neighbour. There is a specific question on the PIF which asks about neighbour disputes and if they lied then this is actionable.

If successful, you would be entitled to claim damages - I would recommend that you discuss the issue with your solicitor before you speak to the neighbour, to ensure that you do't make matters worse.

b. Unless you have something in writing AND the seller is prepared to state that they explicitly told the agents there was only one space, then you have no chance. The solicitor only knows what is on the documents, and will have asked you to check that what these showed was what you believed you were buying. Unless you asked them to spcifically confirm this, and they failed to do so, you have no complaint against them on this point. You can complain to the agents about misrepresentation but it is difficult to prove, unless the statement about there being two spaces was in the particualrs or was confirmed to you, by them, in writing.
The ad the EA had on Rightmove/zoopla (since removed) showed the parking as "hard-standing with parking for two cars"

c. how / when did you ask? If this was in formal written enquiries through your solicitor or on the property information form, and the sellers lied, then you may be able to claim the cost of the repairs from them,. If it was simply a verbal assurance, then you have no come back.
Asked the question to seller via the solicitors. The EA said there was no problem but the house sale had fallen through a few times due to these issues.

d. part of owning a house.
I agree.

answers inline

aandumk

Conrad wrote: »

The seller and your solicitor are the primary parties potentially at fault. The EA usually has the seller confirm the property description is accurate under the property mis-descriptions act.

The seller can be sued if it can be proven they has mislead you as to pre-existing disputes with neighbours.
The seller didn't disclose anything on the SPIF. They had sent threatening letters via solicitors to the neighbors. The neighbors called out police about 4-6 weeks before we moved in to handle the seller.

A shared drive should have set off warning bells in your mind, basic common sense to have had this checked out properly by your solicitor.
Maybe just a shared drive should stop people from buying the house? One can just ask questions to solicitor and they can in turn ask the seller's. I would like to know/learn how one can confirm the answers (or lies) from seller's end.

You were irresponsible in that you did not take such steps or bother looking deeper into things, nor did you think to have a better survey which your lender WILL have offered.

The endemic compensation culture is pretty sickening really, what happened to self responsibility and using your grey matter? Did you not learn as a child to be wary and cautious? I knew this by the age of about 5.

Point taken...

aandumk

Just to quote from PIF we received:

2.1 Have there been disputes or complaints about this property or one near by... NO

2.2 Is the seller aware of anything that might lead to a dispute about the property or a property nearby ? NO

pinkteapot

Speak to some good, local solicitors. Most should offer an initial free chat, and be able to explain your options. You've got two separate issues:

1) Dealing with the neighbours and sorting things out.

2) Deciding whether to pursue your seller (legally) for damages.

Solicitors can help with #2. I'd probably pursue it out of principle. It would annoy me if they just got away with lying. A neighbour dispute does devalue a house.

moneyistooshorttomention

No point in even bothering about anything the EA said on their details. In some areas of the country at least houses that are in need of renovation are described as okay and ones that are pretty standard are described in positively glowing/they are luxury standard/etc type terms.

I've even been in a house before now and only emerged at the end of it thinking "Now where was that other room they mentioned? There seemed to be one room less than the details stated" and realised that they were describing a substantial alcove in a room as being a room (that when it didn't even have a window or door in it anywhere).

kmmr

aandumk wrote: »

Just to quote from PIF we received:

2.1 Have there been disputes or complaints about this property or one near by... NO

2.2 Is the seller aware of anything that might lead to a dispute about the property or a property nearby ? NO

Well, that's pretty clearly a flat out lie. Time to talk to the solicitors. Even if it's a mistake by the sellers (i.e. 'Oh, it hasn't gone to court, so we didn't think it counted', or 'we didn't read all the questions in detail') then I think you should pursue them for misrepresetation/fraud.

maninthestreet

Sue them - the money you will win will pay to repair the roof....