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Previous home buyers survey

Hi all,

We are in the process of buying our first home.
When we viewed the property the owner advised us that it had previously sold. However after a home buyers survey was carried out it showed that a Lintel was needed above some patio doors. They are located on a single story extension to the house. I say extension but I believe it has also been there but changed from a large utility storage area into a family room. The Vendor has advised this will be installed before the house is sold

she has also said that occasionally the neighbours will play guitar in the garden on an evening. Not a major issue but I think she is aware she has to tell us these things.
What I am getting at is I am not intending on having a homebuyers survey done as I figure that as one had already been done and shown the Lintel And from what I have been told nothing else it should be ok. And if anything did come up at a later date although would be a nuisance I could go back to EA. Am I right here or am I missing something?

Thanks,
Matt.
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Comments

  • TBeckett100
    TBeckett100 Posts: 4,732 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Cashback Cashier
    Don't rely on the vendor being wholly honest. You are responsible for the purchase! You will be given a soft version. What the vendor means is Brian May lives next door
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Well, you are missing the possibility she's declared these minor defects, and not revealed the other neighbour runs a drug den, and there's severe subsidence to the front gable. The former won't get picked up by survey, and the latter will say get a specialist report....

    Aside from that...., no you aren't missing anything.

    How old is the house, is it surrounded by similar properties?
  • mw123
    mw123 Posts: 36 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Thanks for you comments. I would say that it's 1960's and yes the house around there are similar.

    Ofcourse she may be hiding things but I would have thought that as a home
    buyers survey was taken out these would be picked up. If like you say there was subsidence this would have been mentioned in previous survey. If she has neglected to tell us this and we discover it after moving in I assume we have a case to go back to her and EA who I am sure would be well aware as well and make a claim? That's my take on what I have read but not sure if there is more to it.
    I know the obvious thing would be just to have the survey done however unfortunatly my wife could not go on mortgage so it's in my name only so have had to put literally all our money in to make up the shortfall from the lender.
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    You seriously are missing something!!


    How can you 'go back' to the Estate Agent? The Estate agent works for the seller, not you. The Estate agent gives out information in good faith that has been passed to him by the vendor. You have no contract whatsoever with the Estate Agent. Therefore you can't expect to bring an action against the Estate Agent if it all goes pear shaped.


    This also applies to the vendor herself. If she has deliberately lied to you as part of the conveyancing process that makes up the contract, then you may have the chance to bring the action against her. However, if she fails to tell you something which you haven't asked her, then she can't be held liable. YOU must satisfy yourself as to title and to the structural integrity of the building.


    You may be short of cash, but if this goes wrong it will cost you a whole lot more than a few hundred pounds that you could have spent on a Home Buyers report.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • Chanes
    Chanes Posts: 882 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    Do not rely on the vendor and don't guess what another survey might say! It's been said already - spend a few hundred on a home buyers report because it might prove to be crucial!
  • mw123
    mw123 Posts: 36 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    It's my understanding I don't have to ask her something under new legislation. I read that she has to make us aware of anything that may cause an issue. Also if the EA is aware which would be difficult to prove but I'm sure they would know as they would have been told by previous buyer pulling out!

    I think at the end of the day like you all say I will have the extra survey as it could cause to much hassle in the long run if I don't!

    Thanks,
    Matt.
  • mrginge
    mrginge Posts: 4,843 Forumite
    If you dont even have the money for a survey, where are you going to find the money to take the vendor to court if you do find a problem?

    Honestly, this is the most ridiculous thing i've heard in a very long time.
  • mw123
    mw123 Posts: 36 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    Money isn't the big issue its the short time frame we are working on and I have already pulled so much into it!
    I'm simple asking if it is a suitable of saving a few pennies. Obviously it is really much on the grand scheme of things!

    Thanks for all the comments.
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The seller and estate agent may not have seen the whole survey as it was bought and paid for by the previous potential buyer. So they can't be expected to be liable for something they didn't know about. As a buyer you need to do your own due diligence before paying out hundreds of thousands of pounds.
    Don't listen to me, I'm no expert!
  • ManuelG
    ManuelG Posts: 679 Forumite
    Tenth Anniversary 500 Posts Combo Breaker
    Don't rely on the vendor being wholly honest. You are responsible for the purchase! You will be given a soft version. What the vendor means is Brian May lives next door

    Brian May I could cope with, it's someone learning to become Brian May that'd drive me mad!
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