Problem in purchased property - seller liability?

OpenPanda

So I just bought a new property and boom 1 week in I notice fairly bad damp from the back corner of the house and crack in the front wall.

When I was looking around originally in the property I did not notice the crack because it was obstructed by a van parked along the side of the house.

The damp looks like it was covered by the previous owner.

I had a Home buyers report on the house which did not pick up on the damp and started the brick work and structure of the building was good.

Is there any claim against either the seller of the property or surveyor? As you can image I am quite annoyed about the situation.

G_M

Contact the surveyor. You paid him to spot issues like this.

Unless the seller stated "the property has no damp, and no cracks" he has no liability.

usefulmale

So it took you a week to spot the crack in the front of the house (that you missed because a van was parked at the side of the house?) and the 'fairly bad damp' at the back of the house?

And the surveyor was there how long?

csgohan4

Would this have been picked up in a full building survey?

Guest101

G_M wrote: »

Contact the surveyor. You paid him to spot issues like this.

Unless the seller stated "the property has no damp, and no cracks" he has no liability.

And you can prove the vendor was lying.

I'd go caveat emptor on this.

Ithaca

Have you worked out what's causing the damp wall?

If it's something as simple as a leaking gutter, or a patio that's been built above the DPC, it's going to be a lot quicker and cheaper just to get it sorted rather than going down the path of legal action. Or are you drying lots of washing in that room, or creating steam from kettles / pans of pasta? In which case a simple change in day-to-day activity can sort it.

Also consider when the survey took place. If it was in the summer at the end of a warm, dry period of weather there may not have been any damp for the surveyor to observe. A couple of wet weeks later combined with a leaky gutter and it might only now be apparent.