home buying nightmare! repairs estimated at £60000!!!

davidmcn

xylophone wrote: »

Worth checking the exact terms of the policy for what is included/excluded?

It is definitely not going to cover getting rot fixed. Insurance is for sudden unexpected incidents, not the property gradually falling apart due to lack of maintenance etc. If the house were to burn down, the answer might be different...

(disclaimer: I am not suggesting that the house might be about to burn down)

DTDfanBoy

Lord_Baltimore wrote: »

That sounds fraught with uncertainty and could prove very expensive in terms of costs for experts. How could you prove the vendor was aware? Perhaps his friend did the work when he was out or away.

Sorry, not being deliberately awkward, I'm just interested in how something like this might pan out. The OP could end up with a huge legal bill and no result.

The buyer seems to have clearly indicated on the questionnaire that no repairs had been carried out, so even if they were actually unaware of the rot, which is highly unlikely, a misrepresentation has still been made.

Unless the vendor can convince the court that the building fairies did the work without their knowledge they've got a problem on their hands.

There's nearly always a risk that the OP will end up out of pocket, but in this case that likelihood seems to be small, I wouldn't hesitate to chuck a few thousand pounds away on legal fees in order to mitigate a loss of £60,000 :eek:

Lord_Baltimore

DTDfanBoy wrote: »

The buyer seems to have clearly indicated on the questionnaire that no repairs had been carried out, so even if they were actually unaware of the rot, which is highly unlikely, a misrepresentation has still been made.

Unless the vendor can convince the court that the building fairies did the work without their knowledge they've got a problem on their hands.

There's nearly always a risk that the OP will end up out of pocket, but in this case that likelihood seems to be small, I wouldn't hesitate to chuck a few thousand pounds away on legal fees in order to mitigate a loss of £60,000 :eek:

So every repair we ever make in our houses must be declared or we're guilty of misrepresentation?

I've suggested circumstances that possibly provide a defence for the vendor; my concern is that our OP could end up with the few thousand pounds legal fees and the £60k repairs.

I agree it is possible that the case will be proven against the vendor but I would be concerned what a good defence brief might achieve.

kaya

I would get proof of the repairs that have been done by a professional then see a solicitor, my friend sold a few years back and ticked the form that the boiler was all ok, the new owners found out it had been leaking for a while and caused some damage and he got stuffed with a £9000 repair bill he had to pay

nomoneytoday

DTDfanBoy wrote: »

Actually rescission is one of the remedies available to the OP, a Judge could order the seller to buy back the property and also pay the OP damages and costs

How would they pay for it?

Assuming all the sale proceeds were spent buying a new house, a standard mortgage company would have issues lending on the "Nightmare" house IMHO.

jhs14

Lord_Baltimore wrote: »

That sounds fraught with uncertainty and could prove very expensive in terms of costs for experts. How could you prove the vendor was aware? Perhaps his friend did the work when he was out or away.

Balance of probabiltiies, you don't have to prove it.

AdrianC

jhs14 wrote: »

Balance of probabiltiies, you don't have to prove it.

You do have to prove it - but only on the balance of probabilities, rather than the criminal "beyond reasonable doubt" proof.

SilverSaloon

as above, contact the solicitor.... however also remember your £60k comes from a Damp Treatment SALESMAN. Get proper independent surveyor. It could be treated a lot cheaper than that. £60k is A LOT of money, what work exactly does the specialist say is needed that the £60k will cover?

jhs14

AdrianC wrote: »

You do have to prove it - but only on the balance of probabilities, rather than the criminal "beyond reasonable doubt" proof.

Yes, OK. So then, the court would have to determine which is more likely: 1) that the vendor instructed the repair, or 2) that the vendor's friend has a compulsive desire to undertake unsolicited repairs on his friends houses behind their backs.

DRP

SilverSaloon wrote: »

as above, contact the solicitor.... however also remember your £60k comes from a Damp Treatment SALESMAN. Get proper independent surveyor. It could be treated a lot cheaper than that. £60k is A LOT of money, what work exactly does the specialist say is needed that the £60k will cover?

This^

I'd be amazed if it cost anywhere near this. More like a quarter for new floors and joists (assuming they have to go).