Just bought house with a low arch that hid an unsecured lintel do I have any recourse

Stuart788

I bought a house only a month ago and had a survey carried out. When removing an arch in the house we found that it was hiding an unsecured lintel meaning that the house above this lintel wasn't being held up.

Do I have any recourse with the seller or surveyor?
http://imgur.com/a/hoUWp

pinkteapot

Seller? Nope. (Unless your solicitor asked specific questions about the arch on the additional enquiries and the sellers answers can be proven to be lies - which seems unlikely in this case as they'll just say the arch was there when they moved in).

Surveyor? Possibly... Though they wouldn't usually take the wall apart to see what's underneath. What type of survey did you have? (Valuation/Condition Report/Homebuyers/Building)

Stuart788

pinkteapot wrote: »

Seller? Nope. (Unless your solicitor asked specific questions about the arch on the additional enquiries and the sellers answers can be proven to be lies - which seems unlikely in this case as they'll just say the arch was there when they moved in).

Surveyor? Possibly... Though they wouldn't usually take the wall apart to see what's underneath. What type of survey did you have? (Valuation/Condition Report/Homebuyers/Building)

I paid for a full structural survey and told him to pay special attention to the extension which is where the arch was.

I know the seller had the extension built so surely he knew about the issue?

kinger101

If the seller did the work and lied on the TA6 form (Q4.1), then yes. However, they may not have done the work. Difficult to say regarding the surveyor (particularly as we can't read the survey) but it's rarely worth suing these unless it's several thousand pounds to fix.

kinger101

Stuart788 wrote: »

I paid for a full structural survey and told him to pay special attention to the extension which is where the arch was.

I know the seller had the extension built so surely he knew about the issue?

The surveyor is covered then - the couldn't see the defect.

Stuart788

Okay thanks for the replies. It was as I expected but I wanted to double check because I'd have kicked myself if down the line I found I could have done something.

It was £1500 to fix for anyone curious.

saajan_12

Stuart788 wrote: »

I know the seller had the extension built so surely he knew about the issue?

It's not about what he knows, its whether you / your solicitor / your surveyor asked the seller specific questions and the seller / seller's representative LIED either verbally or in a form.

House purchases are a buyer beware market, so its up to you to do the necessary checks and be happy with what you are buying. These checks can include asking the seller (often via seller's solicitor), and they can't lie / misrepresent the property.

davidmcn

Stuart788 wrote: »

I paid for a full structural survey and told him to pay special attention to the extension which is where the arch was.

And what did he say about it?

stator

Held up by a single cinder block on each side, genius

Stuart788

"REAR DINING

Walls papered and ceiling painted. Mid archway into rear extension. No

significant cracks observed – even at joint with existing wall.

The gap externally between the extension and original walls are not thought to

be excessive and no ongoing movement noted. The gaps have been filled in

with a mastic sealant and appears to be in a satisfactory condition.

Therefore it is recommended that the mastic sealant be periodically

checked and renewed every 5-8 years.

The small amount of cracks noted in ceilings etc, are generally straight and

happen at joints in the plasterboard – probably due to normal thermal

movement.

Therefore it is recommended that any cracks be raked out and filled in

before re-painting. This can be accommodated in normal household

maintenance."

Stuart788

The seller was asked directly about the extension and if there was any problems with it. They said that apart from the lack of building control and planning permission it was in structurally in great shape.