Inaccurate SPI - reclaiming money before exchange

eyoresparents

Hi,

I have seen some threads about this topic but none that provide guidance for our situation...........any help would be appreciated.

Myself and my boyfriend our buying our first property and were close to exchange when we found out about a right of way over the property (came up in the surveys). This is significant because it extends up the entire drive and over the garden and the adjoining land is being developed in the near future (into several properties). On the Sellers Property Information Form the sellers have ticked 'no' to "Are they any arrangements formal or informal arrangements which someone else has over your property" (section 7.4). Had this been ticked "yes" and informed of the detail of the right of way we would not have proceeded with the purchase (and are now pulling out of the sale). We did however proceed on the basis of false information and have incurred costs of £1500 (full structural, solicitors fees etc)When the sellers were asked about this they said it hadn't been used for ages so they thought the right of way had "been removed".

We have written off the costs as "experience" albeit an expensive one, but would still like to know if there is any way of claiming back any of the costs. I have seen threads stating it is not legally binding until exchange but then others indicating it may be possible. Any information would be greatly received!

real1314

You wouldn't have seen this info before the survey anyway, and probably not until after the searches etc had been done. You need to identify which costs might have been avoided had a correct declaration been made.

eyoresparents

We were sent the Seller's Property Information Pack quite early on in the purchasing process, certainly before we instructed the full structural survey and incurred the mortgage company's fee for valuation.

Would it be therefore possible to reclaim this cost at all?

paddy's_mum

Why not write to the sellers, pointing out that their 'mistake' has cost you a great deal of money and invite them to make a goodwill payment in lieu of court action. You never know - it might work!