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Seller lied to my face but i've finally found what I suspected

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  • glasgowdan wrote: »
    Point was he held a senior rank and therefore has some savvy and political awareness about him.

    Someone can have savvy, political awareness and very high intelligence - and get severe memory problems (may or may not be dementia per se) as they get older.

    I've watched it happen (to more than one person that that description applies to)..:(
  • marksoton
    marksoton Posts: 17,516 Forumite
    glasgowdan wrote: »
    Point was he held a senior rank and therefore has some savvy and political awareness about him.

    There's a lot of NCO's who'd disagree with that!
  • eddddy
    eddddy Posts: 17,998 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    shaunhouse wrote: »
    Solicitor has put me in touch with someone for misrepresentation.

    Sounds expensive!

    You haven't actually entered into any contract with the seller, so you can't make a claim for misrepresentation under contract law.

    So I guess your only hope would be claiming for 'negligent misstatement' under common law. I've never heard of anyone succeeding at that, in your type of situation.
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    Walk away and find something else, get a better surveyor and a full building survey next time
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • Just to set this straight I have insurance investigations from 2012. The drains where damaged by root infestation from trees, I also have the CCTV that was carried out. This then lead to subsidence. The second claim investigation is showing that walls need repairing for cracks. The living room and porch mostly affected which they've recommended helibars to repair. Subsidence is mentioned several times so it is subsidence in the eyes of the insurance company.

    After 3 months this is all I have. They haven't gave me repair documents etc... so that is all I know. There are cracks internally which may have come about since the repairs and the external cracks have been filled a couple of times but need doing again.

    I think it was worth mentioning the vendors former occupation and age as everything is relevant when establishing the motives of the vendor in his decisions.

    Its a can of worms, I'll wait to see repairs but I'm all but out of this in my head.
  • It does sound like the best idea to drop that house and find another.

    Infuriating to have spent all that time and money to get this one - and this has come out.

    "Cut your losses" seems to be the most appropriate phrase to use.
  • Hoploz
    Hoploz Posts: 3,888 Forumite
    Right well in that case I would expect to be provided with guarantee documents from the contractors who did the repairs and yes get a surveyor or better still a structural person to come back.

    .... Or if this is not really your dream home, then walk.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 17 December 2016 at 10:10PM
    That is a very different type of subsidence tonthe one caused by the underlying weakness in the ground or foundations.

    Indeed I'd say it would be misleading to call it subsidence. I'd call it root damage.yes technically its subsidence if damaged drains washed away soil but it doesn't sound lI ike what most people mean where the whole house needs underpInning due to a fundamental issue

    IMO it would be ridiculous to attempt to go through a solicitor and sue for misrepresentation. Your legal costs would be huge compared to what minor damages you might get if any. Especially if, even if he's "all there" he plays up the "forgetful old person card" And I agree with other similar the fact he was high ranking in the army is utterly irrelevant, do you think that's a protection against dementia? I assume not, so why mention it then?

    Either walk away or if you still like it, employ a surveyor to give a detailed analysis and get a costing for repairs including removing the tree(s) in question. On the face of it it doesn't seem out too bad, seems to me you are more annoyed he didn't tell you there had beeen isssues with tree roots, than the actual damage.

    If that's incorrect, amd it's only the damage, why haven't you withdrawn already ?
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    This house is going to cost more to repair than you are going to be able to negotiate off the asking price if it took you 4 weeks to get the 410k offer accepted. So you are either going to have to pay more for it than you want to and then do the repairs or you are going to have to find something else.

    Did you exchange contracts? If not then look for something else.
  • Chanes
    Chanes Posts: 882 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    Walk away, there is nothing to be gained from pursuing that old guy for misrepresentation except making solicitors wealthier. Shame about the house, though, it isn't beyond repair and could still be a great home, couldn't it?
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