Caveat emptor: protecting against latent defects

davidmcn

Ldavies88 wrote: »

In stating that the cause of the structural damage to the property was rectified with the removal of the tree the seller has provided a representation about the condition of the property which if incorrect would materially affect the value of the property.

I very much doubt their solicitor would allow that to be turned into some sort of warranty about the structural condition of the property - at most it's going to be "to the best of my knowledge and belief...".

And in any event you'd be daft to place any sort of reliance on such a statement given by a layperson who has a vested interest in selling the property. At least a surveyor has an insurance policy.

AdrianC

OP - you seem to have avoided this question...

AdrianC wrote: »

Can I turn this round a bit... Why are you so fixated on buying THIS house, even though you know of likely structural problems that are clearly way outside your acceptable risk?

Cakeguts

OP rather than spending any more time on this house which you are not going to buy why don't you spend the time and energy finding one you will buy?

agrinnall

The correct answer for you (and indeed for anyone thinking of buying this house) was given by Adrian in the first sentence of post #8.


"This is not the house for you. Walk away. Move on. Buy another house."

Cakeguts

Ldavies88 wrote: »

In many ways it’s not a matter of opinion; it’s a case of what the law permits and how the negotiations pan out within that context. I will be speaking to my solicitor about the possibility of amending the standard conditions of sale to include a reference to the statements the seller has already made and to explore the options for securing a commitment to any post-completion remedial works.

I know that it’s possible to found an action for damages under the law of misrepresentation and/or breach of contract if the seller makes a misleading or inaccurate statement about the condition of the property which the buyer relies upon.

In stating that the cause of the structural damage to the property was rectified with the removal of the tree the seller has provided a representation about the condition of the property which if incorrect would materially affect the value of the property.

You aren't listening to what we are saying.


You can ask your solicitor to put whatever you like in the conditions of sale and the seller's solicitor can make sure that the seller doesn't accept them. The seller does not have to accept any of your requests. A contract is an agreement between two parties not a demand from you and an acceptance from them. They do not have to sell you this house.



You are not relying on any statements from the seller because you have had your own survey done. Anything that you are looking at in that respect is not worth even doing.



That is why you have a survey because the opinion of the seller is different to the opinion of your surveyor.



All this looks as if you are trying to force this sale for some unknown reason of a property that most people would decide is too much work for them and walk away and find another property.



It doesn't matter if it affects the value of the property the seller will still only accept what he wants for it.


The seller is not your parent. He doesn't have to give you what you want in this house sale. He doesn't have to sell you the house.