Vendors have lied- what next?

everyavenue

Hi all, wondering if anyone can help?

Current situation is- we are in the process of buying a property and have gotten this far:

Offer accepted, survey done, various assessments made, any issues checked out and rectified eg. potential woodworm, we have since signed purchase documents, have mortgage agreed and docs signed. Are just about to pay deposit when solicitor gets in contact to say the vendor has lied and there is in fact no parking with property!!!

Now what?

Solicitor has said that vendors need to find parking for the property asap as this is written in to house spec and all paperwork signed so far has outlined where and what the parking looks like.

The fact is we would never have even viewed the property had we known it didn't have parking.

Do we need to take this liar to court?

Any advice would be gratefully received!!

Davesnave

Have you exchanged contracts? Is this in either England or Wales?

Is exchanging what you mean by, 'about to pay the deposit?'

If it's England or Wales and no contracts have been exchanged, the answer to the last question is less likely to be 'Yes.'

Gwhiz

Assuming you are in England or Wales - You have not exchanged contracts so nothing to sue for.

AdrianC

Your solicitor has done exactly what you're paying him for. He's highlighting a discrepancy between the vendors claims and the reality. Say thank you to him (although you might want to ask why this didn't pop up until the eve of exchange)

The vendor isn't going to be able to "find parking", realistically, so you have two choices...
- Walk away.
- Ask for a reduction in price.

Mallotum_X

Where did the vendor say the parking was when you viewed?

highguyuk

AdrianC wrote: »

The vendor isn't going to be able to "find parking", realistically, so you have two choices...
- Walk away.
- Ask for a reduction in price.

These are your options.

TBagpuss

Assuming you have not exchanged contracts then your options are as AdrianC says, and you won't be able to sue them.

If you have already exhcanged then you need to discuss options with your solicitor as to whether you can terminate the contract or go through with the purchase then sue for the financial losses.

everyavenue

Thanks to all for responses so far.

We haven't exchanged contracts and we are buying in England-

with regard to a court case- surely it's classed as misrepresentation (downright lies I'd call it) which is the what we would use to fight back? We would be looking to get the costs back for all the work so far..............?

Is there anyone out there who has taken a vendor to court and won?

Okydoky25

everyavenue wrote: »

Thanks to all for responses so far.

We haven't exchanged contracts and we are buying in England-

with regard to a court case- surely it's classed as misrepresentation (downright lies I'd call it) which is the what we would use to fight back? We would be looking to get the costs back for all the work so far..............?

Is there anyone out there who has taken a vendor to court and won?

It's not going to happen. Move on and put it down to experience.

AdrianC

everyavenue wrote: »

We haven't exchanged contracts

Then there is nothing to sue for, because you have no contractual relationship with the vendor.

lee111s

You can't take them to court as mentioned before, you've not been disadvantaged.

You have to now thing if they've lied about parking, what else are they hiding/not bring truthful of.

I'd tell them to FRO and find somewhere else