Misrepresentation. Nightmare neighbours

Blinkin73

!!!!!! - but the case law suggests otherwise. See Edddy's post, look on the net. In reality it depends on the Judge on the day if it got to court.

My vendor was at a party which the police attended because of the noise, how could she not be aware of a complaint? My vendor, being friends of the noisy neighbours knew other people complained, afterall if the noisy neighbours bragged to me during my first week about the complaints people made, the vendor as a friend would have known.

My vendor living right next door would know about the frequent loud music and that some people (most in the case im experiencing) dont tolerate it, how could she claim that she didnt think their might be a dispute about it?

It all depends on the scenario..some things the courts will assume that it was reasonable for a vendor to know and that they should have informed potential buyers about so they could make an informed decision before making the biggest purchase of their life.

The questionairre I recieved was as inEddy's post - it did not ask have YOU...there is a reason that the YOU is omitted.

As I have said the law is largely about words or missing words.

Witterpalomino

Hi,

I am not a solicitor, but I actually sued my vendor for misrepresentation very, very recently (in the past year). My solicitor told me that most of the cases do not end up in court, but they settle out of court.

A few things to consider:

1. Your legal insurance bought with home insurance is unlikely to cover it (I know that you said yours covers it but the majority specifically exclude house purchase, please check carefully)
2. You MUST have a solicitor write the letter to the vendor claiming damages. A letter from you will be just binned
3. To determine how much to ask, a surveyor needs to determine the property value with and without the noise. You can't pick a number out of thin air. Your solicitor might recommend a surveyor, go for one specialising in property disputes.
4. You need also a sound expert who can write a report about the noise (noise is subjective, the noise guy will write the decibels and that it would constitute statutory nuisance)
4. Even if the vendors NEVER complained ( my vendor never complained) you still have a case as they must have known. You need witness statements from neighbours stating when the problem started (the vendor might say it all started in April this year when you moved in) and how loud etc it is.
5. If the neighbours ever complained and the neighbour can attest to that, you are onto a winner.
6. I got some money (my case was weaker than yours,, though) and I also got the neighbours from hell to be much more careful and less noisy (I started being super annoying myself, I would get my alarm to go off every time they had a party and at 5am, and I did some other stuff, I am ready to fight very, very hard)

Let me know if you need the names of a few solicitors specialising in the field or just look up the top 500 lawyers in the UK by specialty. It will cost you quite some money if you want to do it properly (10k to do the various reports, etc), you need to show that you are serious and are ready to go all the way. Don't let them win!

Good luck!

Blinkin73

Davidmcn - My vendor was at the party attended by the police last year when a live bnd was playing so must have been aware that a complaint had been made.

Curiously it was the noisy neighbours who told me about the police and all the complaints people have made during my first week here. She told me noone could do anything because she owned her own home!

Caveat Vendor!!!!!

Even if the vendor hadnt of been at the party, she must of been aware that the noise was a reason for there be a dispute, a question in the questonairre as correctly written in Edddy's post (#10)

The Courts have ruled that the question about disputes, as shown in Edddy's posr doesnt just relate to property disputes eg fencing but also other disputes.

My noisy neighbours are obviously struggling with the noise issue. They have recently started playing music indoors very loudly and intermittently. Good job its a nice day to be in the garden!

Johnnytwostep

Party pooper

Blinkin73

Witterpalamino - Thank you so much for you post!!!!!!!!!!!!!!!!!!!!!

Like you I am willing to fight very hard but I dont want to lower myself to their standards. And they are likely to report me to Environmental health. Following a visit to the noisy neighbours home by the police on thursday I was called by the police who advised that the noisy neighbours had reported me for harrassing them. The noisy neighbours had observed me knocking on neighbours doors an reported that I was asking neighbours to make complaints about them. In fact I was asking neighbours if the music affected them and if they had ever complained in the past.

I hear what you and others have said about legal advice, the legal advisor on the advice line did sound like a novice and whilst I appreciated what she was saying about writing to the vendor asking for compensation and then sending a letter before action, it was only after I got off the phone that I realised I couldnt write a letter because I couldnt specify what I was asking for exactly eg the amount of damages. But in principle if I could write the letters though they wont be nearly as effective as a solictors letter.

I will check my policy to see what it says right now.

Thank you for your advice re a surveyor

moneyistooshorttomention

Re the person you spoke to on the legal advice line - I know what you mean about them "sounding like a novice" - as that tends to be my impression of them too. I don't think they are ever solicitors (in my experience) and sometimes I've wondered if the person I'm talking to is an office worker with a brief/cursory training in law (ie few days worth of the basics).

Blinkin73

Witterpalomino wrote: »

Let me know if you need the names of a few solicitors specialising in the field or just look up the top 500 lawyers in the UK by specialty. It will cost you quite some money if you want to do it properly (10k to do the various reports, etc), you need to show that you are serious and are ready to go all the way. Don't let them win!

Good luck!

I will check my legal insurance very soon (im in the middle of mowing my lawn) but a few solicitors names would be much appreciated just in case I am not covered which would account for the advice the legal advisor gave me. Can you Pm me?

Blinkin73

Money - I agree with what you say, however on one occassion I managed to speak to a very informed legal advisor, who if he wasnt a solicitor, would have made a great one. He was very knowledgeable and advised me to make claim regarding a completely seperate matter that came up in conversation

Blinkin73

Wittepalomino - I pm'd you.

Checked my legal insurance and like you it doesnt cover house purchases sadly, but I could just about fund legal action myself

moneyistooshorttomention

Blinkin73 wrote: »

If I go away at weekends I fear they will see it as an opportunity to play loud music again. I have partially adopted a war mentality - no retreat, no surrender

How would they know whether you were or weren't at home? Realistically speaking - they may not have any way of knowing whether you are or no.

That being the case = why not have a "breathing space"? It would give you a break from all this to have some hours of peace and quiet and not being "on edge" wondering if they were about to start up again.