Disclosing Japanese Knotweed to agent/buyer

isaadvice

Thanks for the info everyone.

It's kind of a tricky scenario.
We were purchasing a property privately from a landlord and when we got the SPIF from our solicitor the seller had said there was previously knotweed but had been eradicated, but when asked for proof/certificates/warranty she said there was none. We (naively?) proceeded only for JK to start shooting up in garden after the surveyor had given the all clear and we were about to exchange!
We suspect the seller knew it was still an issue all along (we were definitely naive and had no idea what the stuff looked like - not now though!)
The lender was informed and refused to lend unless treated with an ongoing treatment plan. Seller arranges for a quick, cheap treatment, with no ongoing treatment plan or warranty.

We pull out so the seller decides to market it to sell with the agent we currently rent it from. Today we get a call from said agent asking to arrange a visit for photos etc and said it was a shame we had a change of heart and was it for financial reasons or something they could help with?

Firstly, none of their business surely, secondly, the seller clearly hasn't disclosed the actual reason we pulled out. We spoke to the seller/our landlord directly and explained the exact reason we were pulling out - Japanese Knotweed.

ambioni wrote: »

Ask yourself: how would you feel if a seller and/or EA hid the presence of JK on a house you wanted to buy and you didn't find out until after exchange?

So yes, this is the dilemma we face, we got shafted by a seller who possibly tried to mislead us by not giving us the full picture even when pressed regarding the knotweed. As a result of this, our first time buyers deposit has now taken a big dent in lost mortgage/surveyor/solicitor fees.
I of course wouldn't want the same to happen to others, but is it any of my business to tell the agent the truth and possibly drop the seller in it?

moneyistooshorttomention

Yes - I would tell the EA in your position. Then your conscience is clear - as you have done what you can to ensure that your landlady cant waste anyone else's time/money on trying to purchase the place in all innocence.

I have an idea that, when JK is treated, there is a 10 year guarantee given by the firm? Someone else would know on that point doubtless...

You owe that seller nothing - and they have cost you lost time and money. Why should they get away with having done that to you?

Davesnave

isaadvice wrote: »

I of course wouldn't want the same to happen to others, but is it any of my business to tell the agent the truth and possibly drop the seller in it?

I think it likely the matter will come up in conversation again, and if it were me, I'd not be minded to lie.

While some agents might prefer not to be enlightened, I believe those I know would put wasted time and their reputation above immediate convenience.

ManuelG

They've asked an explicit question (as much because they probably see you as a potential to buy the house) so you're not actively dropping anyone in it, you're just replying to said question.

Broken_Biscuits

isaadvice wrote: »

Hi,

Does a seller need to disclose a Japanese knotweed infestation to an agent who is marketing the property and therefore any potential buyers?

I have found conflicting answers online, possibly because of a change in legislation in 2014. Has anyone got a definite answer for this.

Thanks

you would need a contract with someone to pursue a misrep claim. You don't as yet have a contract with potential buyers.

no obligation to disclose anything to potential buyers.

Rambosmum

moneyistooshorttomention wrote: »

Yes - I would tell the EA in your position. Then your conscience is clear - as you have done what you can to ensure that your landlady cant waste anyone else's time/money on trying to purchase the place in all innocence.

I have an idea that, when JK is treated, there is a 10 year guarantee given by the firm? Someone else would know on that point doubtless...

You owe that seller nothing - and they have cost you lost time and money. Why should they get away with having done that to you?

We got a 15 year guarantee. But you can self treat it if you are so inclined as the glycophosphate weedkiller is commercially available these days, but you've got to do it carefully to actually get rid and it comes with no guarantees- I suspect this is what the sellers did.

Rambosmum

We had this situation (previous owner covered up the JK during viewings by cutting it down, wasn't picked up by either surveyor. Looking back it may be one of the reasons the 6 sales before us fell through (they were also getting a divorce and couldn't decide who would pay the mortgage exit fee).

For us it was a relatively small patch and easy and cheap to treat correctly. It wouldn't out me off buying a house with JK in the future.

moneyistooshorttomention

Davesnave wrote: »

I think it likely the matter will come up in conversation again, and if it were me, I'd not be minded to lie.

While some agents might prefer not to be enlightened, I believe those I know would put wasted time and their reputation above immediate convenience.

Indeed, there ARE some EA's that are extremely keen on having a good reputation - I know because I chose one and it soon became clear they always had an eye to what people thought about them (only good business sense imo). This to the extent that when I told them something they didn't know they promptly went off and checked the law and then altered the way they did their details for some other houses after that.

Davesnave

moneyistooshorttomention wrote: »

Indeed, there ARE some EA's that are extremely keen on having a good reputation - I know because I chose one.....

Yes, there really are moral EAs out there.
I know because we had three.

Unfortunately, two of them were next to useless and one went out of business early in the Crash.

The third was a lady who insisted on accuracy and fairness, but significantly, she'd a shiny suit, rottweiler-type in the back office to chase and close deals. People didn't get to meet him in the early stages....and I could see why! :rotfl:

moneyistooshorttomention

Davesnave wrote: »

Yes, there really are moral EAs out there.
I know because we had three.

Unfortunately, two of them were next to useless and one went out of business early in the Crash.

The third was a lady who insisted on accuracy and fairness, but significantly, she'd a shiny suit, rottweiler-type in the back office to chase and close deals. People didn't get to meet him in the early stages....and I could see why! :rotfl:

:rotfl: Well I keep an eye on the website of the one I used - and they're clearly going from strength to strength. They have a lot of competition from other EA's wanting the houses on their books - but I think they've about doubled the amount of houses they have on their books from 2013 (when I was with them) and it aint because the houses aren't selling - as they pretty soon get those "sold STC" stickers whacked up on their details. I knew they obviously wanted a good foothold in the particular little area my last house was in and, on checking ones nearby, find they seem to get most of them these days.