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

Mallotum_X

What does your solicitor suggest?

libbyliberty

getmore4less wrote: »

Wonder who owned the building plot, perhaps it was previously part the garden of the house with the foundations.

You are spot on the people who owned the house back in 2001 put in the foundations for the annexe and then in 2006 built 'our' house and another house in the back garden which must of been a few acres.

libbyliberty

Our solicitor is saying we have a case against the vendor for misrepresentation as they didn't declare anything on the property information form. We have asked for a reduction in price for the same amount as we need to pay the neighbour to dig up the foundations. I fully expect them to turn us down. I agree that the next door neighbour has every right to build his annexe after all he has planning and purchase the property knowing this so why shouldn't he be financially compensated. The vendor unfortunately has a problem on their hands. If they refuse to reduce the price and we walk away they will face the very same problem when the next buyer comes along as I do not believe that anyone won't have a problem with the proposed annexe.


We plan to go after the vendor for the fees we have incurred, I would like to go after the EA as well but not sure how solid our case will be against them. Won't they just argue that they had a conflict of interest as by telling us they would be going against their other client ?

getmore4less

libbyliberty wrote: »

You are spot on the people who owned the house back in 2001 put in the foundations for the annexe and then in 2006 built 'our' house and another house in the back garden which must of been a few acres.

That changes my view on the situation.

Very sneeky to get the place built with views over the(not existing) extension then hide it from the purchaser(who probably overpaid).

Or they knew about it all the time bought the place at the right price then went into a dispute to get it stopped/changed to increase the value of the place and have run out of time before they wanted to move on so have just pretended all is well just hoping any buyer wont find out.


(edit: see you are considering this)
As other have said do you want the house with that extension build and at what price, the sellers can accept or not.
if you don't want the house or they won't sell it at the price you are willing to pay move on and review a recovery.

If you do proceed I would have a chat with the owners of the other house from the original plot and check that ones history.

fimonkey

Knock 10K off the price (how much the property youre interested in will be devalued by), then plant conifers/leylandi up against your boundary infront of the extension.

getmore4less

fimonkey wrote: »

Knock 10K off the price (how much the property youre interested in will be devalued by), then plant conifers/leylandi up against your boundary infront of the extension.

it was £100k.

Mokka

Andypandyboy wrote: »

I can sympathise with him in some regard, he had planning and then up pops a house next door and he ends up in dispute due to no fault of his own. I supose he feels the issue is that the house you are buying should have had his planning taken account of before it was built.

It may well have been his own fault. Planning department has to send notices about proposed planning permissions to neighbours. So he had his chance to object.

getmore4less

Mokka wrote: »

It may well have been his own fault. Planning department has to send notices about proposed planning permissions to neighbours. So he had his chance to object.

Also people who built 'your' house should have checked for planning permissions.

They were the same person(op updated with that info)

Mokka

getmore4less wrote: »

They were the same person(op updated with that info)

In which case it was the planner who messed up. No consolation to the OP though. I would be cross with my solicitor that they haven't spotted this- I wonder what Conveyancing Protocol says about such cases?

OP wisely does not want to overpay 100K for a house likely to be overlooked, so I wish the best luck with claiming £7k costs back, from whomever is liable.

Would you have any legal expenses cover with any of your insurance policies? It's worth checking. If you do you could ask them for advice whether you would have a claim and if so against whom. I wouldn't rule out that it is (at least partly) your solicitor's fault.