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Undeclared issues when buying a house

Hi guys,

Hoping someone can help. In October my other half and I bought our first house together. We’ve both previously bought once before so have a rough idea of how things work.

Anyway, since we’ve moved in there have been a few things crop up that the seller did not make us aware of, but definitely knew about.

The worst being in this property we’ve bought, all external walls on the inside have a “lean mix” of plaster used, and as such there are cracks everywhere, more appearing on a weekly basis and we’ve even had to get one wall replastered already as when we took some tiles off a wall the plaster came with it and left horrendous cracks and gaps.

I’m now realising there was a lot of fresh paint in this place and have noticed the bathroom has been newly replastered as has the kitchen, therefore I have no reason to believe she didn’t know about this lean mix and issues, she’d also used lining paper to cover up cracks in the en-suite. I want to redecorate the bathroom and that involves taking the tiles off the wall, problem is that’s the external wall so I know the minute I start I’ll have to get that wall replastered, which is cost I wasn’t expecting because she didn’t make us aware of this.

She redecorated her kitchen while living here and I took the tiles off the kitchen wall and can see that she had that wall replastered, so again she definitely knew of the issues.

The cracks are hairline, but upsetting because there are new ones appearing everyday and I’m tired of decorating a room and cracks appearing (the cracks came back in the en-suite after having it replastered).

Do I have a leg to stand on in claiming something from her for the cost of replastering?

I had a building survey done by Coseyhomes who have washed their hands of me as I’ve tried to tell them they should’ve told us about the existing cracks.

Also, we’ve just had to pay £220 for bird proofing and on talking to the neighbour he said the birds always go in our roof, again something she didn’t declare.

And as a separate point, she took items she didn’t state she would, such as en-suite mirror (and left exposed electrics and didn’t make good the damage) loft ladders (despite saying she’d leave them) Broke door strips which we had to replace and massive screw holes that weren’t made good.

Do I have a case at all for any of it?

Thanks in advance

Comments

  • babyblade41
    babyblade41 Posts: 3,968 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Probably not.. or not worth the hassle of pursuing anyway

    Have you notified the solicitor items were taken when listed on F & F's forms?

    My buyer stated the built in wardrobes were included only to find they'd been removed.

    As for the cracking was it just a homebuyers valuation or an actual survey... even then if the problems were covered there's not a lot to see and to report on.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Daviese86 wrote: »
    Do I have a leg to stand on in claiming something from her for the cost of replastering?
    Did you ask her any relevant questions about it?
    he said the birds always go in our roof, again something she didn’t declare.
    Did the topic of birds come up during the purchase at all?

    Sellers aren't obliged to volunteer every (or indeed any) negative information they have, just not to give you false answers to whatever you ask them.
    And as a separate point, she took items she didn’t state she would, such as en-suite mirror (and left exposed electrics and didn’t make good the damage) loft ladders (despite saying she’d leave them) Broke door strips which we had to replace and massive screw holes that weren’t made good.
    When you say she "said" she'd leave these items, do you mean in the contract / the fixtures & fittings form, or some informal discussions you had? In any event, six months is a bit long to leave it before quibbling about this sort of problem.
  • Owain_Moneysaver
    Owain_Moneysaver Posts: 11,393 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Daviese86 wrote: »
    Do I have a leg to stand on in claiming something from her for the cost of replastering?

    Also, we’ve just had to pay £220 for bird proofing and on talking to the neighbour he said the birds always go in our roof, again something she didn’t declare.

    And as a separate point, she took items she didn’t state she would, such as en-suite mirror (and left exposed electrics and didn’t make good the damage) loft ladders (despite saying she’d leave them) Broke door strips which we had to replace and massive screw holes that weren’t made good.

    Do I have a case at all for any of it?

    Not for the plaster, unless you asked her and she falsely made a statement about the quality or nature of the plaster.

    Not for the bird proofing, unless you asked her and she falsely made a statement about birds in the roof.

    Yes for the dangerous electrics, loft ladders and door strips, but you would have had to raise that through your solicitor at the time or, even better, inspected the property on date of completion/entry before authorising your solicitor to release funds.

    You have no claim 7 months later.
    A kind word lasts a minute, a skelped erse is sair for a day.
  • Thanks for the replies. I didn’t raise any specific questions about plaster so that rules that out. I didn’t specifically ask about the birds either although did ask about any noises to be aware of and the birds have been making the most almighty amount of noise.

    I raised the F&F issues straight away and my solicitor (I say solicitor loosely, Premier Property Lawyers) said they couldn’t help and I went to her via her solicitor (also PPL) and she said because she came down on price she isn’t reimbursing anything. Despite the fact she completed the F&F in March 2018 (when she got one offer from someone that later fell through) and came down in price for us in August 2018.

    I mentioned it now as if I had a case for the plaster then I could encompass it all.
  • Oh and many cracks were visible, which I’ve provided photos of to Coseyhomes again straight away after moving in, but because more keep appearing it’s getting more distressing and costly when I wasn’t anticipating it given a relatively good buildings survey (not homebuyers)
  • datlex
    datlex Posts: 2,252 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I am guessing the cracks are more to do with the quality of the plaster rather than anything serious. Why not cover in wallpaper, blown vinyl is good and can be painted.
    Paid off the last of my unsecured debts in 2016. Then saved up and bought a property. Current aim is to pay off my mortgage as early as possible. Currently over paying every month. Mortgage due to be paid off in 2036 hoping to get it paid off much earlier. Set up my own bespoke spreadsheet to manage my money.
  • Alan2020
    Alan2020 Posts: 518 Forumite
    Part of the Furniture 100 Posts Name Dropper
    How old is this property?
    Plaster can get hairline cracks on older property especially 60s etc due to the way it works. You just need to accept it, wallpaper it or use a flexible paint.

    If plastered directly to wall it will crack. Modern houses uses plasterboard that is dot and dabbed to the actual wall to permit differential expansion!

    We had our 60s house replastered and except The plasterboard walls we put in hairline cracks appear, pretty normal.

    Bird proofing, you must be joking. Just get in the loft and see. I got a wasp in mine probably should call the previous owners.:rotfl:
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