Wwyd legalities & honesty

allthe7s

I feel like I am in a really sticky situation.

In the summer before we decided to move house (part exchange for a new build) we started a claim with our building and contents insurance as our porch was looking a bit wonky (you could remove some bricks like in Jenga) and the front door didnt fit in the frame properly. a crack also appeared in our kitchen wall (a plasterboard wall notexternal). The insurance sent somebody out to check if it was subsidence but he said no it isnt he thinks the porch is from tree roots nearby and the kitchen is just a superficial crack to the plasterboard.

They said they would monitor it til April and keep coming to check movement. The only movement has been that the door now fits and the crack in the kitchen has closed up. Leading us to believe it is tree roots.

However we havent told the estate agents about this or the house builders of the new house. Will it come back on a survey? Can we abandon the claim? I don't want this to come back and bite me but I also don't want to tell them if I don't have to as they might say we can't part ex and we can't afford to move any other way.

Guest101

When you were a child, did you get taught "its ok to lie?"

Rambosmum

You'll be asked as part of the sale whether you have ever made a claim on your house insurance.


Don't lie.

AnotherJoe

Rambosmum wrote: »

You'll be asked as part of the sale whether you have ever made a claim on your house insurance.


Don't lie.

Really? Its 3 years since I sold but cant say I can recall that. Or does it ask if you've made a claim for subsidence which the OP can honestly say "no" to.

moneyistooshorttomention

AnotherJoe wrote: »

Really? Its 3 years since I sold but cant say I can recall that. Or does it ask if you've made a claim for subsidence which the OP can honestly say "no" to.

Going by the "letter of the law" - strictly speaking the word "subsidence" hasnt been used.

Going by actual facts - my first thoughts on reading about the damage is "OP thinks it's subsidence - and it probably is".

Answer then = not the one OP wants I'm afraid.

MyOnlyPost

It's a long time since I part exchanged my first home but I am pretty sure I had to sign to say there had been no previous damage, or words to that effect. If you sign anything stating that the house is in good repair and then it is discovered afterwards you open yourself up for liability.

That said when buying houses generally the seller has no legal obligation to disclose anything unless the buyer specifically asks, at which point they must tell the truth.

Thrugelmir

allthe7s wrote: »

we can't part ex and we can't afford to move any other way.

Why can't you sell your house on the open market like the majority of people do?

What have you done about the tree since last summer? The problem isn't simply going to disappear. As the insurance company is aware. Retracting the claim now would invalidate your house insurance cover. Should anything else occur in the future.

da_rule

Just be honest. All you have to gain from lying is problems down the line. The earlier you let them know the quicker it can get sorted out. If a survey is carried out later and it is discovered it could cause them to pull out by which time you may have spent money that cannot be recovered (legal fees etc).

allthe7s

Its not one tree its a woods next to our house.

The man who cam to investigate said he is confident it isnt subsidence.

Rambosmum

AnotherJoe wrote: »

Really? Its 3 years since I sold but cant say I can recall that. Or does it ask if you've made a claim for subsidence which the OP can honestly say "no" to.

Ours said (I filled it in just before Christmas) "have you ever made a claim on your buildings insurance?"

then

"has the property ever suffered from subsidence?"

Bossypants

I don't even need to read your post to answer the question in your subject: TELL THE TRUTH, whatever it may be.