Asking EA about previous surveys on property

luiza8

Hi all!

I’ve read in the Independent that EA have to disclosure anything which may devalue the house, or if a previous potential buyer has had a survey done on the house that has led to them pulling out of the sale.

The article also describes how EA/Vendor have to inform you if there are any problems with the neighbours.

I have 2 questions.

Firstley, couldn’t the EA/Vendor simply say that the neighbour was ok and fine even if they weren’t? There wouldn’t be any proof otherwise?

Secondly, with the survey, how can I ensure that the EA isn’t just saying that there were no surveys done on the property (they’re saying that there has been none done and they’re the only EA to offer the house).

Thanks.

anselld

They are obliged to disclose material facts if they are known and if you ask the direct question. They don't need to volunteer if you don't ask.

However, as you have highlighted, it is very difficult to prove otherwise. You should not really rely on anything the agent or vendor tell you without checking for yourself; go and speak to the neighbours, get your own survey, etc, etc.

eddddy

luiza8 wrote: »

Firstley, couldn’t the EA/Vendor simply say that the neighbour was ok and fine even if they weren’t? There wouldn’t be any proof otherwise?

Secondly, with the survey, how can I ensure that the EA isn’t just saying that there were no surveys done on the property (they’re saying that there has been none done and they’re the only EA to offer the house).

Yes - people (including EAs and sellers) sometimes tell lies. The EA and seller could lie about many things, not just the two things you mention.

So you need to take reasonable care to check what they say.

Depending on the lies told, and the impact on you, things you can do include...

• Complain to the EA's regulator (they might award you compensation, if you've suffered a loss as a result of the 'lie'.)
• Complain to National Trading Standards (they might prosecute the EA)
• Take civil action against the seller for misrepresentation (if the seller 'lied' in the contract)
• Make a complaint of fraud to the police against the seller or EA

AdrianC

How do you even know the putative buyer told the truth when they pulled out?

Maybe they blamed their survey (which they didn't show the EA) because they didn't want to admit that they couldn't get the mortgage after all?

Maybe they blamed something else, when it actually was the survey?

Just do your own survey, and go by the results of that.