Do aucitoneers have to declare subsidence?

nids

Saw a property and it clearly looks like it's subsiding (cracks inside and outside, everywhere!), when we asked the aucitoneer they said they didn't know as the property hadn't been surveyed, and we were welcome to send a surveyor.

Obviously as it's an auction, we might not get it even after spending £hundreds on a structural report.

This brings up a general question, I guess - do auctioneers have a legal obligation to decalre subsidence, even if it is only suspected?

Dan-Dan

nids wrote: »

Saw a property and it clearly looks like it's subsiding (cracks inside and outside, everywhere!), when we asked the aucitoneer they said they didn't know as the property hadn't been surveyed, and we were welcome to send a surveyor.

Obviously as it's an auction, we might not get it even after spending £hundreds on a structural report.

This brings up a general question, I guess - do auctioneers have a legal obligation to decalre subsidence, even if it is only suspected?

No......................

You need to carry out any survey you feel appropriate prior to bidding

G_M

Sold as seen.

Why do you think owners sell in auctions?

davidmcn

Auctioneers don't need to declare anything. You're best advised to get a survey anyway before bidding.

AdrianC

G_M wrote: »

Sold as seen.

Why do you think owners sell in auctions?

I blame daytime TV...

OP - think about buying a house normally. Think about all the legal checking and double-checking and searching and surveying that goes on before you reach exchange of contracts. Think about the protection that gives you from buying a pup.

When you buy at auction, you exchange contracts when that hammer hits the desk and he points at you with the word "SOLD!". You want any of that protection? DO IT FIRST.

And remember, nobody sane wants to sell a perfectly solid, healthy, good-condition house for far below market value at auction.

eddddy

nids wrote: »

This brings up a general question, I guess - do auctioneers have a legal obligation to decalre subsidence, even if it is only suspected?

The auctioneer does not have to declare anything whatsoever. But anything they do say should not be knowingly misleading. e.g. They cannot say the property has not got subsidence, if they know it has.

And in general, to avoid disputes, an auctioneer will not say anything about a property which is not printed in the catalogue.

Their standard response to any questions will ether be "you should rely on your own investigations to satisfy yourself about the condition of a property" or "your solicitor should make pre-contract enquiries of the vendor's solicitor".

(Whether the vendor's solicitor will reply is another question.)

ruggedtoast

Anything they list about the house has to be factually accurate. Number of bathrooms and bedrooms etc. If "definitely has not subsided" is part of the listing then you might be ok. Otherwise, get a survey.