Please help: Mis-sold house, who’s at fault?

Rob-123

I am bumping this thread as I have an update for anyone interested.

8 weeks have passed since I officially complained to the solicitor. In that time I have had to get written confirmation from the council surveyor on what has not been done according to 2005 building regs. I have a quote totalling £7000 for the work.

In the solicitors final response they admit to providing poor service regarding the fact that they didn!!!8217;t clarify there was no completion certificate. They however disagree with the surveyors findings and claim the only work which isn!!!8217;t up to 2005 BR standards is the lack of insulation in the ceilings. I have since gone to the BC manager at the council who has written to confirm the solicitors are incorrect.

The solicitors have offered me £674 in compensation which I immediately told them was insulting, I then sent off all documents to the Legal Ombudsman. Today the solicitors have upped their offer to £1000 if I withdraw my complaint to the Legal Ombudsman. I will not accept £1000 either as I believe I have a strong case.

Thoughts?

Thrugelmir

Have you sought independent legal advice? To understand matters from the other side.

Rob-123

Yes Thrugelmir

Have had a meeting with a solicitor, he advised me in his opinion they have been negligent.

But he also advised me that at £275 per hour and being under £10,000 that we are claiming for, we would be better going via the legal ombudsman

00ec25

Rob-123 wrote: »

But he also advised me that at £275 per hour and being under £10,000 that we are claiming for, we would be better going via the legal ombudsman

so your position is crystal clear isn't it?

kah1019

I ma not sure of the legality of this. I think the survey people have covered themselves. Your solicitor should have insisted on the proof and this would have been available from the local authority. However as I am now buying a house and had some issues with the survey and did some research and found the following article:
Just search "house seller must disclose defects" and "when selling my house am i legally obliged to disclose any information that may affect a potential buyers decision"
Sorry I ma not allowed to put linked to the article in.
Surely the seller did not tell you they never got planning permission and in this they omitted to tell you important information. However the fact it was asked by your solicitors and he said due to the age they didn't have it was clearly a lie (from the seller). If this would have affected the offer you made then it appears an offence has been committed.
I would go to citizens advice and consider you options but from what you have said and the above article you may well have a strong case.

Rob-123

Hi Kah

We never actually met the sellers... but on the paperwork where it said has there been any alterations and if so do you have certificates, the sellers wrote yes... but they included 1 electrical installation certificate, so I don!!!8217;t know if that gets them off the hook legally speaking.

The solicitors told me that all they were going by was the fact that the sellers solicitors told them that the work was over 10 years old... so my solicitor decided that a certificate didn!!!8217;t need to be provided and told me that. BUT I have since found out from the solicitor that it was revealed on their local search that a certificate was never issued.

I have spoke to someone at the legal ombudsman for advice, explained everything and she advised me that it sounds like I have a strong case... the first thing they look for is have they provided a poor service, and they only need to look 3 lines into their final response where they say that they do.

Davesnave

Rob-123 wrote: »

Hi Kah

We never actually met the sellers... but on the paperwork where it said has there been any alterations and if so do you have certificates, the sellers wrote yes... but they included 1 electrical installation certificate, so I don!!!8217;t know if that gets them off the hook legally speaking.

Probably. Home owners aren't legal experts. The alterations to the electrics were all they had certificates for, so they gave your solicitor those. They couldn't write "No" and then enclose the electrical cert, could they?

Smodlet

I have read this whole thread (what I can see of it, anyway) and am still unclear on one point which I don't think has been addressed: If there never was a building or completion certificate, how is there proof the loft conversion is over 10 years old? Sorry if this has been mentioned already; if so, I seem to have missed it.

You said, Rob-123, that the electrical works to the loft were dated 2016, correct? Why would someone get a loft conversion done then, 10 or 11 years later, install an electricity supply to it? I suppose it could be that the whole house was re-wired then, in which case this should be on the electrical certificate but I'm sure you said it related only to the loft.

The point was made a while back that it makes no difference whether the work was signed off as a bedroom is a room with a bed in it. This is not correct from a legal point of view. Without correct sign-off, where it is required, one cannot market a 4 bedroom house with a loft room as a 5 bedroom house, no matter how many beds happen to be in it. EAs know this, or should do.

Rob-123

Smodlet

I’m glad you have said this!! It is my main arguement to the solicitors. They claim they didn’t raise it any further because they were told it is over 10 years old... but how do they know it wasn’t still being worked on the days before we moved in, if it was never completed with a sign off?!

With regards to the 4/5 bedroom thing... our mortgage company believes it is a 5 bedroom house. Which it technically isn’t. The solicitor really has dropped a bollock here.

Rob-123

!!!8220;On the solicitors Report on Title paperwork they have written: !!!8216;Our search has revealed a building regulation for a loft conversion, however due to the age of this, the sellers solicitors have not provided a copy. (If my solicitor had no proof when the conversion was complete as it wasn!!!8217;t signed off, surely their arguement of !!!8216;due to the age of the works they don!!!8217;t need to supply the certificate!!!8217; doesn!!!8217;t stand?)!!!8221;

From page 1 mate.