Seller lied on the SPIF form. Their solicitor won't communicate with me...HELP

neverdespairgirl

Generali wrote: »

If they won't talk to you, it sounds like you'll have to sue them.

Get a solicitor. There's a legal saying, "If you act for (instruct?) yourself you've got a fool for a client".

We were told, "the lawyer who acts for himself has a fool for a client"

Generali

Thanks neverdispairgirl, I knew it was something like that!

MinBlack

You should be able to check your local councils website and view the planning application, you would be able to see if your seller has objected and the reasons for doing so. This could help prove he was aware of the matter and his reasons for objecting may help to stengthen your case i.e. he was concerned about loss of value to his property.

If you can't view it online you can pay a visit to your planning office and they will show you everything.

Good luck it does not sound like fun, I feel for you.

danm

have you contacted the conveyancer that acted on your behalf.

surely they should have picked this up through the local searches etc.

Richard_Webster

have you contacted the conveyancer that acted on your behalf.

surely they should have picked this up through the local searches etc.

Old chestnut. Local searches do not tell people about nearby proposed development.
Solicitors should always explain this to buyers as it is a common misconception.

You can do an extra Plan Search or Know Your Neighbour Search (the name depending on which company does it) and this will give more information about planning permissions locally, but even they are not foolproof and may not be completely up to date.

tbs624

I think the fact that the council sent letters outlining these plans to the vendor means that the property would be likely to be affected in some way. You have no “right” to a view, but anyone buying a property near the coast will know that those magical words “ sea view” will add to the price, so I think it reasonable to have to declare applications in process, but bear in mind that you could have bought the property and then been unable to do anything about a similar plan that was put in place at a later date, post-purchase.

However, if a vendor lies about something that the purchaser then relies on to make up their mind whether or not proceed, it seems like a material fact to me. If the vendor’s solicitor will not enter into correspondence with you, you need to write a letter “before action” stating that unless you hear from them within 14 days you will begin legal proceedings through the courts, but you need to be clear about what you're accusing the vendor of, have all your own paperwork from your former solicitor, and an idea of what you see as an appropriate recompense.

Are you using a new solicitor to take action against the former one, and if so, can’t s/he be consulted on this issue too? Unless you are able to look at it all calmly and be reasonably objective, it would probably be better to use a third party to purse this one IMO. As others have already said, check your insurance policies for legal cover provision.

bobsaint

What if the vendor has not lied but has genuinely belived that the notice in quetion does not affect his property - which is not an unreasonable interpretation. Proving someone has lied can be an uphill struggle !

Becks045

Just an update on the situation. It has taken me months to track down the people I purchased from but I now have their address and telephone number. I have written to them twice, recorded delivery which they have acknowledged receipt of but that's it. I suspect they are hoping the problem is going to go away!

I now have copies of the letters from the Council to the sellers informing them of the development. I also have witnesses in the form of neighbours confirming they attended a meeting about objecting the development. I also have copies of the advertisements which ran in the local newspapers and free newspapers and a copy of the planning notices which were up on lamp-posts outside the property.

I have sought legal advice and have a very good case. I have in writing that my property has lost value of £20k min.

Whilst I am aware you are not entitled to a view I wouldn't have purchased the property if I had realised I would lose that sea view, have 100 windows looking into my property losing privacy, lose a large amount of light due to the shadowing and the height of the new building.

I know a few people have mentioned about my local search, it didn't appear on there which I am angry with but apparently and please don't get caught out like I did, a local search only informs you about the property you are buying so if Tesco plan to build a supermarket opposite you or a developer builds hundreds of flats opposite you, next to you etc. it wouldn't appear on your search. I urge everyone to make their own additional checks. In my case, my solicitor was aware of the development but on the small print in the report back to me it says the information only relates to the proposed property purchase so he gets away with it!

Moral of the story, check everything yourself as I now have a long costly legal battle ahead of me.

bobsaint

You have my sympathy. You should take specialist property law advice (ie possibly not your normal high street solicitor). I would be very interested in what you were advised to do.

Best wishes

bobsaint

I am dealing with a similar case to the above (I am a solicitor but this is not my normal area). Despite the tone of some of the replies here this is not as straightforward as is implied. The wording of the SPIF is ambiguous. The words "affecting the property or neighbouring property" can be construed very narrowly and as it is the claimant's job to prove otherwise this is not easy. Another obstacle being placed in the way is that this would all have been very obvious with a quick check on the local authority website.

I would be interested (and grateful) for an update on the progress of the other cases mentioned in this thread.

Thanks