Misrepresentation in SPIF by Seller

SquatNow

loveandlight wrote: »

How awful for you head.hunter! I would feel exactly as you do! I wouldn't waste anymore time on here asking for advice. I would get yourself some good quality legal advice. Check your building and contents insurance as they usually carry free legal advice by telephone.

You should have been told about any disputes affecting the property as after all, that is what you were/have bought and the dispute has not only affected the value of your property but also your enjoyment of it. Even if you were to sell up now you would have to disclose the problems to any potential buyer. Good luck!

You'll only have to disclose them if they come under the categories asked... the same as the person who sold you the house doesn't have to tell you it's a crappy neighbourhood simply because you ask them if they've had any legal disputes with the people next door... they just have to answer the question... "No I haven't had any problems with the people next door" leaving off "but the man accross the road set fire to my car last night".

It's salesmanship... salesmen tell you the good parts leaving out the bad parts. If you don't ask the right questions, you wont find out... there is no legal obligation to volunteer anything.

loveandlight

As I've said before head.hunter, get yourself some good quality legal advice from people who know what they are talking about. You can do something about it so I wouldn't waste any more time here

Running_Horse

Some better advice head.hunter, don't throw good money after bad by getting legal vultures involved. It will be quicker and cheaper to sell up to the next mug who can't be bothered to research the area where he is investing tens (hundreds?) of thousands of pounds.

The choice is yours, not ours.

Becks045

Headhunter, know exactly how you feel. I'm in a dispute, its slow and takes forever with the vendors we purchased from. They forgot to declare that there was going to be 220 flats going up opposite up, losing our light, privacy and sea-view.

I'm fed up with the situation. Their solicitor refuses to talk to me but I won't let them get away with it.

It sounds like you have a case, go for it, although be preapred for a long time period before anything is resolved.

silvercar

head.hunter wrote:

The evidence is from the police, the local security patrols from the council and from the residents committee for the area.

The fact that the council provides local security patrols would set alarm bells ringing!

head.hunter wrote:

Hence we feel that the sale of the house was wildly misrepresented and the subsequent loss of house valuation would be a massive consideration as the crime statistics for the are will now be disproportionatly higher due to the ASB/criminal behaviours, our insurance costs will go through the roof

Did you check the crime statistics for the area before you bought?

Sounds to me that you didn't check the area out fully before buying.

boyse7en

>I'm in a dispute, its slow and takes forever with the vendors we purchased from. They forgot to declare that there was going to be 220 flats going up opposite up, losing our light, privacy and sea-view.

Do vendors have to tell you about proposed building works nearby? Shouldn't that come from searches done by your solicitor?

boyse7en

OP, I can't see that your vendors were ever in a dispute with their neighbors. ASB in the area is not a dispute.
Go and see a solicitor if you want (some will give you first ½ hour free) and see whether they think you have any legal claim to compensation, but I suspect that the lack of written evidence of a dispute (e.g. letter to Council complaining about noise, letter from nextdoor neighbor about parking in front of his drive, that sort of thing) will mean that any decent solicitor will not take it on.

MissMoneypenny

loveandlight wrote: »

As I've said before head.hunter, get yourself some good quality legal advice from people who know what they are talking about. You can do something about it so I wouldn't waste any more time here

head.hunter, using your contents insurance legal cover for a solicitor, won't cost you anything except the excess you would normally have to pay on a contents claim. If you are covered by your contents insurance for legal cover, and you have a case, they will provide the money for the solicitor (but only from when they said they would, so won't pay for any solicitors you have already seen). They approve the solicitor you want to use or you can use one they already have on their books. Then you pay your excess. They cover the solicitor/court fees/barrister for the amount it states on your policy, which is often £50,000 or £100,000 now.

head.hunter_3

Many thanks for all your replies!

I have contacted the local residents committee and have attended 2 meetings since we bought the house.

I have been given the minutes summary from the last dozen or so meetings going back 2 years or so...

The previous owner has been noted as having been active in the residents committee and and has presented various cctv elements and pictures of the ASB in and around the properrty.

So there is no argument that they were involved and that they were suffering with it as we are too.

Neither can it be disputed that they had put the complaints into writing as it was escalated to their councillor, the police inspector for the area, the anti social behaviour co-ordinator for the council and the council security people.

Unfortunatley all this information has come to light since buying not prior.

Although we did review all the crime statistics for the area, the insurance risk appraisal and the homebuyers guide to which areas to avoid and which were in decline due to ASB etc

so we did do our homework although it would seem that there are layers to which we did not penetrate...