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

Rob-123

Te-neighty - thank you for your input, I personally think that this is my solicitor not having done what she should have. I don’t know if it is worth mentioning that there were a few instances where we questioned her abilities when buying the house, we were later told she was a trainee conveyancer at the company and was being helped by various other conveyancers.

A huge concern for me is safety, but also how much it will cost to rectify anything. Having bought a house 6 months ago I don’t have much spare change at the moment!

Surely the fact that my solicitor didn’t know how old the conversion was, dispells her arguement that the sellers didn’t need to provide certificates?

teneighty

Rob-123 wrote: »

Te-neighty - thank you for your input, I personally think that this is my solicitor not having done what she should have. I don’t know if it is worth mentioning that there were a few instances where we questioned her abilities when buying the house, we were later told she was a trainee conveyancer at the company and was being helped by various other conveyancers.

A huge concern for me is safety, but also how much it will cost to rectify anything. Having bought a house 6 months ago I don’t have much spare change at the moment!

Surely the fact that my solicitor didn’t know how old the conversion was, dispells her arguement that the sellers didn’t need to provide certificates?

It certainly sounds like you have a legitimate claim against the solicitor.

Probably not the surveyor as they flagged it up that legal documents should be checked, not their fault the solicitor got it wrong.

Vendor...possibly if you can prove they gave false answers. There have been previous threads here where the homeowner was duped by the builder. They were told by the builder they were sorting out Building Regulations inspections but lied as they were cowboys and didn't want the building inspector sniffing around. The homeowner was blissfully unaware that the work was not inspected nor that the work was very poor quality.

eddddy

Rob-123 wrote: »

I guess what I’m asking is, if a surveyor comes round and says we don’t know it was done 10 years ago as it was never signed off...

If the council claim it was done recently, the sort of evidence you could provide is...

- Sworn statements from the previous owner saying it was done 10 years ago
- Similar sworn statements from the builder
- Invoices etc from the work 10 years ago
- EA photos (if the house was marketed within the last 10 years)
- Historic Google streetview images (if the conversion is visible from the road)
- A report from a surveyor saying that the convesion appears to be 10 years old.

If the council were really determined and took it all the way to court - you would provide your evidence (as above) that the conversion is 10 years old, and the council would provide their evidence that it's not.

And the court would decide based on the evidence (on the balance of probabilities).

AdrianC

Rob-123 wrote: »

The homebuyers report states:

Are you in Scotland? Or are you referring to your survey?

Either way, it's down to you to ensure whatever reassurances YOU require are in place. You may choose to delegate that to your solicitor, but it's still up to YOU to be happy before YOU sign to exchange contracts.

ReadingTim

Rob-123 wrote: »

I guess what I’m asking is, if a surveyor comes round and says we don’t know it was done 10 years ago as it was never signed off, will I have to take it down, or if I have to pay a lot for working on it, so I have a case against either my solicitor or surveyor or the previous owners?

Sadly I think that if you hope you can get the solicitor or the previous owners to foot the bill for all or any of the remedial works, you are going to be very disappointed.

Your time and energy (and therefore money) are probably better spent sorting out the problem, rather than determining blame, not least as it could be an issue when you try and sell the place.

Rob-123

AdrianC - No I’m in england, I was happy, as I’ve said already, I thought the solicitor knew more than me and that because it was a certain amount of years ago it was completed/signed off, the solicitor didn’t need to see them. I’m not in any way clued up on law, so I would have thought that something this important would have been brought to my attention in a lot more detail by the solicitor if there was any doubt with them that it had been signed off.

Te-neighty - I agree, possibly the vendors thought it had been done, which is why they ticked that they had enclosed the documents, but in fact only enclosed the elec certificate. I have looked for the building company and low and behold no longer in business.

Edddy - thanks, yes it would be somehow getting hold of the previous owners I guess, they sold chain free so unsure where they now are, builders no longer in business, last marketed when new 22 years ago so no luck there, possibly google maps, and surveyors opinion on when it was built.

Rob-123

ReadingTim - Sadly I think you’re probably right, but I can’t help thinking my solicitor really should have done more. I think all I can do is get an estimate when the surveyor comes round, and speak to a local solicitor to find out if I have any chance

unholyangel

They should have informed you of the risks involved without having valid documentation. Especially something as big as this that could affect the property value/how you can market it if you ever go to sell.

Put a complaint into the firm that handled the purchase and see what they say in response.

Rob-123

Thanks you Unholy Angel, I have since spoken to a local solicitor and they think I quite possibly have a case against the solicitor

Thanks again

sleepymans

Classic case of Buyers regret