MMD: Should Jeremy and Kirsty come clean?

Here's this week's hypothetical situation for you to cogitate on:
Should Kirsty and Jeremy come clean?

Newlyweds Kirsty and Jeremy have sold their house to another couple for £240,000. It’s all gone really well: the survey was fine, they’ve moved into their new pad and they’re three days away from exchange & completion. Yet after the heavy rain, a large crack appears across the living room ceiling. Jeremy reckons he can plaster it up so it’s not visable and it will hold for a few weeks – after that it'll become the new couple’s problem. But Kirsty gets along well with the buyers and feels bad.

Should Kirsty and Jeremy come clean? Click reply to have your say
Should Paris split her winnings with Nicole?



  • missali_2
    missali_2 Posts: 16 Forumite
    I don't think so myself since the survey was all ok
  • ukoberon
    ukoberon Posts: 18
    First Anniversary Combo Breaker
    ok so why has the living room ceiling cracked and not a 1st floor ceiling.... it is a house not a bungalow....

    Anyway - I think they should...........take the money and run!
    Some people have no shame eh!
  • andytheguv
    andytheguv Posts: 14 Forumite
    S**t happens. Get a full survey and protect yourselves
  • bsmallwo
    bsmallwo Posts: 147
    First Anniversary Combo Breaker
    If it was me, I couldn't live with myself for leaving that type of problem with the new owners. Wouldn't insurance cover it anyway?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497
    First Anniversary Combo Breaker
    Sorry, but the rule in these cases is 'let the buyer beware'. The sellers are obliged to give certain information during the selling procedure, but if they are 3 days away from completion they will probably have already exchanged, in whuch case the buyer is legally obliged to go through with the purchase.

    Even if it is one of those unusual transactions where exchange and completion take place on the same day, it is still the buyers problem. If there have been extensive floodings it is up to them to ask the relevant questions through their solicitor and/or get their surveyor to re-examine the property.

    I'm afraid I'd keep schtum. I'm not even sure I'd attempt to plaster over the cracks.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Mics_chick
    Mics_chick Posts: 12,014 Forumite
    andytheguv wrote: »
    S**t happens. Get a full survey and protect yourselves
    I think if the buyer has had a full survey then it should have highlighted this problem anyway, shouldn't it ???

    And if they hadn't had a full survey then it's their problem in my opinion :D

    My parents got caught out by not having a full survey on a Victorian/Edwardian terraced house. When they sold it the buyer did have a full survey done which found some sort of problem with the roof joists and my parents had to reduce the selling price by several 1000's to cover the cost of repair/improvement :(
    You should never call somebody else a nerd or geek because everybody (even YOU !!!) is an
    "anorak" about something whether it's trains, computers, football, shoes or celebs :p :rotfl:
  • ducky2004
    ducky2004 Posts: 91
    First Anniversary Combo Breaker
    Standard contract would say that the buyer is responsible for repair/insurance from the date of exchange (I assume 3 days from completion means the contract has been exchanged). Hence there is no dilemma here really... the seller should inform the buyer of the damage, but it is the buyer problem to fix it...
  • tallgirld
    tallgirld Posts: 484
    First Anniversary
    :D Yeah plaster it, or even better pretend you didnt see it
  • missali wrote: »
    I don't think so myself since the survey was all ok
    This answer is spot on
  • Seakay
    Seakay Posts: 4,265
    Name Dropper First Post First Anniversary Combo Breaker
    I don't understand the claim that the buyer's insurance will cover the damage - surely if the seller is still in residence then it is their insurance which would be claimed against?
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