Buying house having old extension with no permission (Scotland)

phloaw

davidmcn wrote: »

Not sure what you mean by "omitted to mention it". Had the seller warranted that there hadn't been any alterations?
Did they carry out the extension? Did the Home Report surveyor not mention it? How did your solicitor know that there had been an extension if they hadn't even visited the property?

It was clear to me that there was an extension, from the beginning.
The home report and the ad both made that clear.
The point is that, if you put a property on sale, I assume every legal aspect has been sorted out.
If not, and the seller hides that to me, or fails to make the problem clear for any reason, this is misconduct according to my standards, and I stop trusting him.
Reading some answers, it looks like this means expecting too much on my side.

davidmcn

phloaw wrote: »

It was clear to me that there was an extension, from the beginning.
The home report and the ad both made that clear.
The point is that, if you put a property on sale, I assume every legal aspect has been sorted out.
If not, and the seller hides that to me, or fails to make the problem clear for any reason, this is misconduct according to my standards, and I stop trusting him.
Reading some answers, it looks like this means expecting too much on my side.

If it's mentioned in the seller's Home Report then by definition the seller isn't hiding it!

You assume wrongly about "every legal aspect being sorted out", and I'm not sure where that assumption has come from.

If you don't understand the basic principles involved in buying a house then you probably need to discuss them in more depth with your solicitor.

phloaw

dunroving wrote: »

As per my previous post (bold, above), the seller may have only become aware there was an issue as he progressed through the sale process.

I think it is worth giving him the benefit of the doubt, as there may not have been anything underhand. It is surprising how many homeowners, buyers and sellers are unaware of these things (take yourself, for instance). He may simply have not realised the importance of the issue rather than deliberately concealing things he knew were a problem.

Separate issue, but are you 100% sure the current owner was even responsible for building the extension (rather than a previous owner)?

No, I'm not sure.
Your point about the benefit of doubt does indeed apply.
So maybe I can drop the charge of misconduct, depending on the context
However, they are still trying to leave a problem which should be theirs on my shoulders.
I am thinking to try and negotiate a price reduction, before walking away.

googler

phloaw wrote: »

It was clear to me that there was an extension, from the beginning. The home report and the ad both made that clear. The point is that, if you put a property on sale, I assume every legal aspect has been sorted out.

This is what you are paying your solicitor for. To verify these legal aspects. It appears your solicitor has done this correctly.

If not, and the seller hides that to me, or fails to make the problem clear for any reason, this is misconduct according to my standards, and I stop trusting him. Reading some answers, it looks like this means expecting too much on my side.

Yes, you're expecting the householder to be overtly familiar with all the legal aspects of this. This is not misconduct, merely lack of expertise and knowledge, neither of which are a prerequisite for being a house seller. That's for their agent and solicitor (and surveyor!).

dunroving

phloaw wrote: »

It was clear to me that there was an extension, from the beginning.
The home report and the ad both made that clear.
The point is that, if you put a property on sale, I assume every legal aspect has been sorted out.
If not, and the seller hides that to me, or fails to make the problem clear for any reason, this is misconduct according to my standards, and I stop trusting him.
Reading some answers, it looks like this means expecting too much on my side.

I assume you are a first time buyer?

Maybe trawl through the Waiting To Exchange thread. You'll quickly realise that legal problems come up constantly during the house purchase/sale process, and very often (in fact, usually) it isn't the seller's fault. !!!! happens.

It's very possible if you pull out of this purchase that the next place you find also has a legal issue that needs sorting out. While it's prudent to be sceptical, if you are too cynical you may be in for a very long wait before you find a house seller that meets your ethical standards.

I am currently dealing with legal issues with the house I am buying and it has nothing to do with the seller and everything to do with the previous owner and the seller's solicitor.

phloaw

davidmcn wrote: »

If it's mentioned in the seller's Home Report then by definition the seller isn't hiding it!

Never said the the seller hid the extension.
He hid (or failed to tell, which is the same from my pov) the fact that the extension is unlawful.

You assume wrongly about "every legal aspect being sorted out", and I'm not sure where that assumption has come from.

Could you please detail exactly which basic principle I'm missing here?
This is a completely serious question, no sarcasm intended.

If you don't understand the basic principles involved in buying a house then you probably need to discuss them in more depth with your solicitor.

I think it has come from any other buying experience. I don't know: if you buy a car, would it be ok if you weren't able to drive it because it does not comply with current regulations, without the seller warning you?

davidmcn

phloaw wrote: »

Never said the the seller hid the extension.
He hid (or failed to tell, which is the same from my pov) the fact that the extension is unlawful.

There's no "hiding" or "failing to tell" at any stage prior to your solicitor conducting their due diligence, which is the stage you're at.

Could you please detail exactly which basic principle I'm missing here?

I'm not sure what you mean - you said you had formed an assumption, and I'm not sure why you had. There are always going to be elements of risk involved in property transactions, and it's unrealistic to expect those risks to be eliminated.

if you buy a car, would it be ok if you weren't able to drive it because it does not comply with current regulations, without the seller warning you?

I'm not sure this is a great analogy, but let's run with it - it's more like expecting a seller of a second-hand car to highlight every insignificant defect to you, even though you have your own expert checking it over anyway.

System

phloaw wrote: »

It was clear to me that there was an extension, from the beginning.
The home report and the ad both made that clear.
The point is that, if you put a property on sale, I assume every legal aspect has been sorted out.
If not, and the seller hides that to me, or fails to make the problem clear for any reason, this is misconduct according to my standards, and I stop trusting him.
Reading some answers, it looks like this means expecting too much on my side.

buy a new build

dunroving

OP, any updates on what you decided to do?

phloaw

dunroving wrote: »

OP, any updates on what you decided to do?

Sorry for the extreme lateness of this.
I bought, and the advice I got from several sources (including you guys) was decisive.
Thanks!