Disclosing Japanese Knotweed to agent/buyer

Dird

isaadvice wrote: »

Sorry to hear it

Anyone know if it's possible to to get the vendor to complete the form before the buyer forks out for searches, surveys, mortgage fees.

Their solicitor has now said that there's no JK to the best of their knowledge & they ticked it wrong. No idea how someone would but they've left other bits unticked also so maybe it was filled in half arsed. My solicitor was hoping this was the case & will now start/continue searches (he held off when he received that document). So hopefully the sale should be going ahead with no surprises growing next February

I guess the only way to do it before any fees is to ask all the questions when having a 2nd visit. I plan to do this the next time.

Edit: Looking back at their solicitor's email....
"[FONT=Calibri,sans-serif]Our clients sincerely apologise, they completed the form incorrectly. They are not aware of any Japanese Knotweed in their garden."

[/FONT]Does that mean they just know about a huge bush next door? -_

moneyistooshorttomention

Dird wrote: »

Their solicitor has now said that there's no JK to the best of their knowledge & they ticked it wrong. No idea how someone would but they've left other bits unticked also so maybe it was filled in half arsed. My solicitor was hoping this was the case & will now start/continue searches (he held off when he received that document). So hopefully the sale should be going ahead with no surprises growing next February

I guess the only way to do it before any fees is to ask all the questions when having a 2nd visit. I plan to do this the next time.

Edit: Looking back at their solicitor's email....
"[FONT=Calibri,sans-serif]Our clients sincerely apologise, they completed the form incorrectly. They are not aware of any Japanese Knotweed in their garden."[/FONT]

Does that mean they just know about a huge bush next door? -_

Quite possibly - ie they haven't got it themselves - but they do know there is a "huge bush next door".

I certainly have reached a few (VERY) cynical conclusions by now about vendors answers to awkward questions on that form.

Mind you....my own vendor did a "good show" of every appearance of being friendly with an nfh its turned out I have when I bought the place. Little s*d....:mad:

Personally...I would say "Do NOT believe that questionnaire was filled-in half-arsed......I bet it wasn't....".

By now, I would interpret "clients don't know of JK in the garden" as meaning "But they are darn sure there is some 1' from the boundary".

Addiscomber

Dird wrote: »

Their solicitor has now said that there's no JK to the best of their knowledge & they ticked it wrong.
Edit: Looking back at their solicitor's email....
"[FONT=Calibri,sans-serif]Our clients sincerely apologise, they completed the form incorrectly. They are not aware of any Japanese Knotweed in their garden."

[/FONT]Does that mean they just know about a huge bush next door? -_

If you are contemplating going on with your purchase I suggest a thorough examination of the garden before you incur any more expense. Clue yourself up as to what JK looks like at all stages of growth, and look for freshly dug patches, and have a look over the fences on every side.

Riggyman

Ofgs, arm yourself with £20 of chemicals (glycophosphate) from Amazon and a spray back pack and I guarantee you wont't have any living Japenese Knotweed on your property within 2 years.

moneyistooshorttomention

I find it very very odd (ie unbelievable) that someone would carelessly tick the JK box by accident.

That is one box on the form, in particular, where you would tick the "no"(it hasn't got JK) box with great relief at being able to tick that one - IF there was no JK there. You would be very careful not to tick the "yes" box by accident (knowing the consequences).

If you tick the "yes" box you have done it quite deliberately and groaning that you had to do so - because, darn it, the place DOES have it.

I'd be willing to lay odds that the vendor ticked the correct box in the first place and then someone told them the possible consequences and they've been in there destroying the evidence of JK and deciding to lie and say they had made an error.

Put it this way - if you decide to proceed with buying the place - then get an official letter from the vendor themselves stating that they ticked that box by accident and absolutely firmly stating they don't have JK and HAVE NEVER HAD JK.

That way - if some pops its little head above the parapet next year, then you might be able to get an "expert" to certify that its more than a year old (ie hasn't turned up subsequent to your purchase) and head for the vendor for misrepresentation possibly.

Dird

I'm asking to solicitor to get them to sign an addendum with the following:
[FONT=Calibri,Arial,Helvetica,sans-serif]1) Does the property now, or has it ever in the last 3 years had Japanese Knotweed?
2) Are you aware of any adjacent properties which currently have Japanese Knotweed?[/FONT]

moneyistooshorttomention

Perhaps you could amend that second part to:

"or have had it in the last 3 years" being added onto the end.

That should cover for neighbouring properties that had it last year/year before and have now treated it or hidden it.

In its current wording - then the vendor could sign it, even knowing that next door had had it last year for the sake of argument and argue that they were still telling "the truth, the whole truth and nothing but the truth".

Dird

Yeah I thought that just after sending it.
The fact I said "currently" they could say "well I looked in their garden last week and they had it but I haven't looked since so I'm currently unaware"

moneyistooshorttomention

Its a hassle - but could you send it as a follow-up addendum?

Some sellers are very very tricky little beasts and will use any number of weasel words - even though they know exactly what the real question is (ie in your case best paraphrased as "Is there any need at all to worry about JK ever?").

Sometimes you have to bat them through very detailed questions in order to get them to answer the question - or you wish you had done so after the event (ie when you found out what they had carefully skated over and are hoping to get away with:o:mad::o).

Dird

My solicitor has agreed to pass on the following questions for them to sign:
1) To the best of your knowledge, does the property now, or has it ever in the last 3 years had Japanese Knotweed?
2) To the best of your knowledge, do any adjacent properties currently have or have had Japanese Knotweed in the last 3 years?

He'll also arrange for me to visit the property again so I can peep on the neighbours gardens