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

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  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    shaunhouse wrote: »
    First was just a basic survey and no nothing picked up. The damage has supposidly been repaired (i just dont have any paperwork as of yet).

    Second a full buildings survey commisioned by us - he noted the exterior cracks as thermo expansion. He has said there are no signs of subsidence and has had chance to rectify this position when I presented him with the report but hes sticking to it.

    So as I said, he probably thinks subsidence in the layman sense of poor foundations, dodgy soil, not damage caused by a leaking drain.

    Maybe Wellington or Montgomery might not have been so good selling their mansions either ?

    Since you have such a bee in your bonnet about this, I suggest you just go elsewhere.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    At 87 I would be planning on moving imminently - but it wouldn't be to another house iyswim. It wouldn't be worth my while to sell one place and buy another at that age - for what could only be a matter of months.

    Average life expectancy at 87 is more than another 5 years. And that's average, if he's in good health could be double that.

    He's probably looking to move closer to relatives for grandchildren, or the coast for surfing.
  • Apodemus
    Apodemus Posts: 3,410 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Combo Breaker
    I would never have thought to declare past drain problems to a prospective purchaser (not that I have had any) if they had been fixed. If it was a matter of root damage then in my mind that would just have been routine maintenance/repairs. Nature always wants to take back control, property maintenance is about holding back the inevitable.

    Since you clearly like the property, I would chill and and finalise the deal.
  • A lot are missing the point with the subsidence.it is the problems it causes with insurance and resale that have to be considered also.

    The vendor has held back repair reports, certificates etc... So all I have is the inspection reports.

    He most likely would have sold 4 or 5 years ago if the issues with the house hadn't happened but it wouldn't have looked good if he jumped ship with all the issues the house was experiencing.

    Just set another assumption straight he is moving in with his daughter so chain ends here.
  • Hoploz
    Hoploz Posts: 3,888 Forumite
    Your solicitor is now aware of these reports and they will be duty bound to report these to the lender if they think it's something that could be ongoing. (therefore affecting the lender's risk)

    I still consider it to be a one-off claim (drain failed leading to soil erosion - drain fixed and damaged area rectified with 10 year guarantee/warranty provided) but further investigation of the cracks you mentioned should identify whether there is anything ongoing.

    Tricky I know, but I have a slight concern that if you overplay this to your solicitor then it could affect your mortgage unnecessarily.

    Have you asked to see the seller's current insurance schedule? It might tell you whether subsidence is mentioned or not.
  • Thanks,

    Yes requested all, will wait and see. Hopefully not on insurance schedule and that could change everything.
  • brianposter
    brianposter Posts: 1,523 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Perhaps you should remember that an older person may regard all this disclosure stuff as a load of nonsense - you can see what you are buying.
  • marksoton
    marksoton Posts: 17,516 Forumite
    I'm perplexed.

    If you're that bothered just walk away. It really is that simple.

    I'm wondering at what point you'll actually be satisfied...
  • Voyager2002
    Voyager2002 Posts: 16,251 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Perhaps you should remember that an older person may regard all this disclosure stuff as a load of nonsense - you can see what you are buying.

    Disagree (obviously someone of any age might take that view): my mother was born in 1930, and in the late 1960s faced a problem similar to this.
  • ANGLICANPAT
    ANGLICANPAT Posts: 1,455 Forumite
    Part of the Furniture 1,000 Posts
    Apodemus wrote: »
    I would never have thought to declare past drain problems to a prospective purchaser (not that I have had any) if they had been fixed. If it was a matter of root damage then in my mind that would just have been routine maintenance/repairs. .

    Maybe you wouldnt normally, but when selling your property and the property information forms have to be filled in , its almost always impossible to NOT mention such things have happened if you answer the questions honestly as the questions are so inclusive of every possible event that could happen to a property. You can minimize the sound of it, but a good solicitor will pick up on it .

    Buying a property with historic subsidence can be risky enough, but for more recent claims, if you havent got full information of schedule of works done under claims , selling at a later date is likely to be a complete nightmare when it comes to selling .
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