Neighbours Hindering Sale... what can we do?

CocoLouie

Rob_Mogs wrote: »

There has been no formal complaint, so nothing to lie about.

It has already been explained in this thread that it doesn't need to be a formal complaint by you.


Do some research on it and read what the questions are instead of trying to bury your head in the sand. You will then see that you would need to lie to not mention your neighbours and thus leave yourself open to liability.


Even ask your solicitor for advice on it if you eventually get that far and you will see that lying on the legal documents may not be in your best interests.

Rob_Mogs

Davesnave wrote: »

"There has been no formal complaint, so nothing to lie about."

Have you actually looked at the TA6? I know I called it a TA10 by mistake and another poster called it a SPID, but both of us corrected that.

Question 2.1 asks "Have there been any disputes or complaints regarding this property or a property nearby? If yes, give details."

We know there have been complaints, because you told us this, so to answer 'No' would be lying.

So am I to go around asking all neighbours if there's any complaints about anyone else nearby?

I have not made a complaint so I would not be lying, how would I know that other neighbours have complained if they hadn't told me? I wouldn't, therefore I wouldn't be lying.
Second to that, how do I know they really have complained?

CocoLouie

Rob_Mogs wrote: »

So am I to go around asking all neighbours if there's any complaints about anyone else nearby?

I have not made a complaint so I would not be lying, how would I know that other neighbours have complained if they hadn't told me? I wouldn't, therefore I wouldn't be lying.
Second to that, how do I know they really have complained?

Why are you getting upset with people trying to help you out by informing you of the legal requirements for selling a house?


By the way you have already said that there has been complaints to the council from others so would be lying if you filled in the forms to say otherwise.


Plus one of the questions is with regards to something which could lead to a dispute which this obviously could or is your partner crying about the neighbours for no reason?

Rob_Mogs

ReadingTim wrote: »

If you cannot lower your price, then you will need to lower your expectations.

Or stay put. Your choice.

Unfortunately, it's not about lowering expectations, we're scraping the bottom of the barrel with the type of property we need as it is.

It's a shame the situation is as it is really, but guess we'll just have to hold on for the 'right' buyer to want the place?

Rob_Mogs

CocoLouie wrote: »

Why are you getting upset with people trying to help you out by informing you of the legal requirements for selling a house?


By the way you have already said that there has been complaints to the council from others so would be lying if you filled in the forms to say otherwise.


Plus one of the questions is with regards to something which could lead to a dispute which this obviously could or is your partner crying about the neighbours for no reason?

Getting upset?
I just cant fathom how I would personally be liable for any future owners disputes, I have not personally made a complaint, and what if AN Other neighbour hadn't told me they had complained, would I still be liable then?

It just doesn't make sense to me.



If the mess and noise didn't bother us, so we thought nothing of it, but new buyers thought it was the end of the world, would we still be held accountable for something that wasn't an issue to us?

CocoLouie

Rob_Mogs wrote: »

Getting upset?
I just cant fathom how I would personally be liable for any future owners disputes, I have not personally made a complaint, and what if AN Other neighbour hadn't told me they had complained, would I still be liable then?

It just doesn't make sense to me.



If the mess and noise didn't bother us, so we thought nothing of it, but new buyers thought it was the end of the world, would we still be held accountable for something that wasn't an issue to us?

Well that's what expensive solicitors can argue in court if you ended up being sued for not disclosing things on the legal documents. Nobody is saying that you will definitely be called out on it by your eventual buyer if you lie on the document or even that you would lose the case if it was brought forward.


The fact is if you lie in the legal forms you leave yourself open to these things happening. Just because you don't like that this is the way the system works doesn't change it.

Rob_Mogs

Section 2: Disputes and complaints
[FONT=Arial,Arial][FONT=Arial,Arial]This section aims to provide information about any existing disputes, or complaints or anything that could lead to a dispute in the future.
[/FONT][/FONT]Question 2.1
[FONT=Arial,Arial][FONT=Arial,Arial]The seller should provide information about any existing disputes. This could include the cause of the dispute (for example, complaints relating to noise) and any action taken to resolve matters.
The seller should also provide information about disputes that have arisen in the past.
[/FONT][/FONT]Question 2.2
[FONT=Arial,Arial][FONT=Arial,Arial]The seller should provide information about anything that could lead to a dispute in the future.




This is an extract from the guidance notes that accompany the TA6 form.


We have not had a 'dispute' with them, hence we get on, we have just mentioned in conversation about the mess and noise, there is nothing formal.

Question 2.2 is asking about anything that could lead to a dispute in the future, well every single seller of every single house that has children next would surely have to declare that there are children next door, as potentially, these children 'could' cause an issue in the future, pedantic I know, but surely true?

At the very top of the guidance notes document it states that all answers must be from your own knowledge, so yes, I know another neighbour has complained in the past, but how could a future buyer prove that I was verbally told this?


There is so many variables that mean this form would have to be completed by almost everyone, however, we weren't made aware of anything when we bought the place.
[/FONT][/FONT]

Rob_Mogs

CocoLouie wrote: »

Well that's what expensive solicitors can argue in court if you ended up being sued for not disclosing things on the legal documents. Nobody is saying that you will definitely be called out on it by your eventual buyer if you lie on the document or even that you would lose the case if it was brought forward.


The fact is if you lie in the legal forms you leave yourself open to these things happening. Just because you don't like that this is the way the system works doesn't change it.

You seem to be reasonably knowledgeable on the subject, so in my case now, how long is deemed 'too long' to pursue the previous owners for damages in our case? as we weren't made aware there were children or dogs next door?
Also in such case, what would a realistic outcome be?

Comms69

Rob_Mogs wrote: »

You seem to be reasonably knowledgeable on the subject, so in my case now, how long is deemed 'too long' to pursue the previous owners for damages in our case? as we weren't made aware there were children or dogs next door?
Also in such case, what would a realistic outcome be?

Did you read my previous comment? The previous owners might have loved having children next door, and thought the dog provided extra security.


You don't feel that way and have communicated it both here and to the neighbours; and probably to other people too.


A realistic outcome of court action could be compensation, so it might be deemed that the issues and disputes devalued the house by £x (e.g. 5,000) and that is what you would owe them + potentially legal costs.


Now it's very unlikely to happen, but it's possible.

CocoLouie

Listen if you put no to there being anything that could lead to a dispute you would be lying and you know you would be otherwise neighbours wouldn't be contacting the council, your partner wouldn't be crying, you wouldn't need to ask the neighbour to clean their garden or alter their habits for you to give a false impression of them to any buyers in order to sell your house etc.


Whether the buyer can prove it is another matter.


I'm not having a go at you, you are having trouble selling your house so I was just making you aware of potential issues if you lie when selling so it doesn't come back to bite you. Do what you like with that information because I don't care if you lie or not, you will be the one who would have to deal with the consequences or the worry of any future consequences after you've moved out.