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Where do I stand legally please?

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WoodenDowel
WoodenDowel Posts: 6 Forumite
edited 19 December 2018 at 6:59PM in House buying, renting & selling
I have tried to condense this as much as possible, apologies for its length.

We recently sold our home and upsized to a new house. During the process of purchasing we decided not to complete a survey because we were present for the survey to our previous home, and deemed it so superficial that it didn’t warrant the expense.

It was a terrible decision, and has since caused us a tremendous amount of anxiety. I hope at least that this post serves others not to make the same mistake.

We have now been in the property for 2 months and have learned of 2 issues:

1. The roof has a leak and amateur measures had been undertaken in the attic to contain/conceal it. We have had several quotes of approx. £5,000 to fix. I could stomach this however

Internally the room has a number of hairline cracks, which on their own would not appear critical, although one does run from ceiling level to approx. 2 feet above floor level (the crack length is approx. 2.5 metres).

The seller owned the property for 18 years.

Should I consider having the pebble-dashing removed, so that a structural surveyor can give a proper assessment?

Where do I stand legally please?

.

Comments

  • Presumably paying for whatever work you feel needs doing.

    The vendor doesn't have appear to have wrongly completed the Property Information Form. There was no building work and it's not apparent that there is any structural defect.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Not clear what the definition of "Building Works" is meant to be, but given the examples on the form are "extension, loft or garage conversion, removal of internal walls", I don't think filling a crack qualifies. And you don't yet know that there is any structural defect, or that the vendor was aware of any. So your problem, I think.
  • The vendor doesn't have appear to have wrongly completed the Property Information Form.

    Thank you for your response.
    How can you make this determination when the vendor has answered 'Has the property ever suffered from Structural Defects' with No?
  • Because you haven't provided any evidence of a structural defect.

    If there is no structural defect, then 'No' was the correct answer.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Because you haven't provided any evidence of a structural defect.

    If there is no structural defect, then 'No' was the correct answer.
    And even if there is a structural defect, you don't have a case against the vendor unless you can show that they were aware of a structural defect.
  • HampshireH
    HampshireH Posts: 4,941 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    Should I consider having the pebble-dashing removed, so that a structural surveyor can give a proper assessment?!

    What would you hope to achieve by doing this if there currenty is no problem. You open a whole can of very expensive worms (which your seller wouldnt be liable for).

    Internal cracks if minor are quite normal as houses dry out in summer months etc. How big are they? Can you get a pound coin in the cracks?

    If you are concerned then get a reputable structural surveyor in. But as you didnt do this before purchase.....
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