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

dmg24

Excellent precedent there paddy's mum.

You need to decide who you wish to sue:

* Your solicitor for not advising you of the development? How did they know of the development?

* The seller for lying on the information form?

I'm not sure what information you would require from the seller's solicitor at this point? As this is now a separate issue from the conveyancing, you would need to address any action to the seller themselves.

I would agree with the others that have said that you need legal advice and representation on this matter. The area that you are going into can be quite complex (and costly).

jonewer

Oh dear Becks! You arent having much luck with your properties.....

Good luck!

silvercar

I would be tempted to get an estae agent in to value the property now, so they can appreciate the sea view. Once they have given you a written valuation ask them how much it would be worth if the seaview was obstructed. At least then you will have quatified your potential loss.

There is no way the transaction can be undone, so you would be claiming for the loss in value.

poet123

All of this info should have come up in your LA searches which you will have paid your solicitor for as part of your disbursements. I would ask for a copy of the search docs. Assemble all these docs,the valuations from a local agent and the disclosure docs from the seller and a copy of the plannong application showing the date it was lodged. Then get yourself a specialist property solicitor for an initial consultation. They should tell you if it is worth proceeding. Good luck

kingkano

Did the council send the previous occupants signed delivery documents notifying them of the proposed development? I would of thought it very hard in this instance to prove the previous owners definitely knew of the development. It's most likely of course, but what you can prove in court and what is reality quite often arent the same.....

Debt_Free_Chick

paddy's_mum wrote: »

To the best of my understanding, there needs to be no tangible loss of any kind in order to substantiate a claim for misrepresentation, which appears to be what is going on here.

Agreed - but I think some of us are taking the view that if there is no financial loss, then there are no damages to pay. And if there are no damages to be won, then what does the OP have to gain?

Other than the satisfaction of having the Court agreed that the Seller did not reveal all the relevant information known to them (if that is the case)

paddy's_mum

Agreed - but the OP wants to retain his sea view, as I understand it, and as others have commented, almost certainly the flat is worth less once that view has gone. That would be a quantifiable financial loss and caused by the vendors employing a close cousin to fraud.

I think that silvercar's earlier reply was a sensible suggestion of a way forward without involving Becks in huge legal fees before he has had a chance to assess the situation fully.

bobsaint

There is a problem here with the SPIF in that despite claims that it is a simple document it is full of ambiguities. This is one of those areas. The question asks if there is anything "affecting the property" (or words to that effect). A block of flats over the road does not specifically affect the property in question. It might affect the area or the vicinity but not the property in question. Otherwise it would say "affecting the property OR THE LOCAL AREA (or similar)". I would not feel confident in arguing the contrary.

greenface

OP bought the property because they liked the property and the things it had to offer inc the area around it esp the view that is a significant part of the argument .Value of the property is only a issue if the OP deciced if they thought they would have to sell.
Paddys mum has it spot on to think they may have never bought the property if they knew it would have a block of flats instead of the view they bought and if the sellers and legal team had knowledge of this i belive the could be serious legal matters to answer but DONT FIGHT IT ON YOUR OWN GET A SOLICITOR that works in property disputes and property law

good luck

bobsaint

Also, why would anyone rely on just what the sellers said in this respect? They may not have received a notice even though sent by the council. The purchaser (or probably more likely their solicitor) should have extended the search if such matters were important.