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Selling flat - new roof needed?

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  • That's a good point partiallycloudy. The roof looks fine so I doubt it would even be inspected. I suppose it's a question of honesty. Will check the lease documents though as suggested.

    Thanks DRP too - I think you are right so I am getting some more opinions.

    Regards
  • AlexMac
    AlexMac Posts: 3,066 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    In the case of most reasonably desirable London properies, a few grand of pending roof repairs won't be a deal breaker.

    While generally, buyers are expected to conduct their own surveys and take a view on whether to reduce offers or negotiate a price cut based on estimates of cost to fix any problems which a survey reveals, there is an increasing obligation not to fail to disclose known problems. (Google misrepresentation and property)

    And even if you keep quiet, after the purchase, the upstairs neighbour may well grass up the fact that you were aware of the likely impending need for repairs. So while the legal position is undefined as there is not much case law about the recent application of The Misrepresentation Act to property, it could just backfire if you deliberately misrepresent or omit anything in your written answers to the pre-sale enquiries by a buyer's solicitor.

    It might also depend on who the freeholder is? I assume that in the case of your pair of (converted Victorian?) London flats the flats will be leasehold, and you and the upstairs neighbour jointly own the freehold- possibly as a Company? In which case who completes the written responses to the Freeholder Enquiries which a buyer's solicitor will send; these will almost inevitably ask about any planned repairs? (I used to do these as Company Treasurer when I was one of 6 leaseholders in a similar so called 'shared freehold' - but we actually had a planned schedule of maintenance for the block - a 6-unit Victorian pile)

    So unless you are the Company Secretary or the person who answers such enquires, you could just about get away with the coward's way out by keeping your head down and leaving it til the enquires come in to whovever does have to answer them.
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