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Seller has lied on Law Societies Property Information Form (TA6)

I'm looking for advice, we are due to exchange today/tomorrow on a property. We found out last night that the seller has been involved in a long running dispute with the property next door over planning permission which was granted back in 2001. The reason for the dispute is only the foundations were laid in 2001 and our seller only purchased in 2006 unaware of this. It is complicated to explain but what was approved in 2001 when built will knock approximately £100k off the property next doors value. We feel we have no choice but to pull out now but have incurred in the region of £7k costs involved in purchasing the property. Even more upsetting is the neighbour involved in the dispute even wrote to the estate agent asking them to inform us of the problems. The reason the costs are so high is we have had a building plans drawn up for the property as well as solicitor's costs. Can we sue the seller and the estate agents for the cost due to the misrepresentation?
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Comments

  • Hoploz
    Hoploz Posts: 3,888 Forumite
    Very complicated I guess, but my gut reaction is that a 7k investment now is going to save a 100k loss, if what you say is true. So you could consider it a lucky escape. I think it would be very difficult (and potentially expensive) to fight for compensation. But definitely put in a complaint to the EA head office/ombudsman and they might decide to give you a contribution?

    How does the build next door affect this property so much?
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Yes under the new(ish) rules you may have a claim against the agent if you can prove they were notified of a material fact and failed to disclose. But I wouldn't bet everything on it, in practice it probably isn't open and shut.


    I don't know the details but I would imagine it's complaints procedure as normal first and then redress scheme.


    Why do you care exactly if it knocks value off the neighbour's house? Or have I misunderstood you?
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If the estate agent was informed before you racked up those costs, you might just have some sort of case. However, the neighbour isn't preventing you buying the property, that's your free choice. So, if you pull out, free choice, stay in, no costs lost....

    I understand the OP to be the one doing the building works, with a neighbourhood dispute from next door as a result of the previously approved plans....
  • Hoploz
    Hoploz Posts: 3,888 Forumite
    ....I'm lost....
  • bouicca21
    bouicca21 Posts: 6,679 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You mean building works on the property you intend to buy will devalue next door? Or that their building works will devalue yours?

    If the first they have to suck it up. It's not really a dispute if PP has been granted over their objections. It's just being obnoxious.
  • xylophone
    xylophone Posts: 45,578 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You are concerned about a drop in value of the house next door?

    Are you saying that it will also devalue the property you are going to buy?

    Does the neighbour intend to go ahead with the (extension?) after leaving it for fourteen years?

    And why should anybody wish to build a structure that would devalue his property?

    Baffled.
  • dodger1
    dodger1 Posts: 4,579 Forumite
    xylophone wrote: »
    You are concerned about a drop in value of the house next door?

    Are you saying that it will also devalue the property you are going to buy?

    Does the neighbour intend to go ahead with the (extension?) after leaving it for fourteen years?

    And why should anybody wish to build a structure that would devalue his property?

    Baffled.

    I'm guessing but the op said

    "will knock approximately £100k off the property next doors value."

    but should have said,

    "will knock approximately £100k off the properties next door"?

    Just guessing though.
    It's someone else's fault.
  • Slinky
    Slinky Posts: 10,949 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Surely after 14 years the permission has lapsed.
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  • Angie_B
    Angie_B Posts: 269 Forumite
    Part of the Furniture 100 Posts Name Dropper
    How on earth can an extension with PP knock £100k off the property next door?

    How much are these properties worth to start with?
  • martinsurrey
    martinsurrey Posts: 3,368 Forumite
    Slinky wrote: »
    Surely after 14 years the permission has lapsed.

    you have 5 years to START the works (in most cases, which are detailed on the permission), an unlimited time to finish.

    how can you have a dispute over planning that has been granted?

    I mean you might hate your neighbour for getting it, and oppose it when it went in, but its not a dispute...
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