pulling out of house purchase due to Japanese knotweed

M_Python

Mobile_hell wrote: »

I only know that as a surveyor I was held liable for anything I missed, which is why we have to pay for PI insurance. When you get a mortgage the mortgage company insists on a survey, which they organise and you pay for. If faults are found then the lender can insist on remedy before releasing or granting the mortgage. Its true that JK can be pulled up daily to hide the fact its there, it grows a foot a day so if surveyor didn't see it, someone hid it, or he didn't look.

Depending on the time of year as Mojisola correctly points out!

M_Python

By the way OP, it's not helpful to have two identical threads running at the same time!

Surrey_EA

lon_85 wrote: »

the estate agents did not mention this to me in past 3 months

Are you aware the EA was aware of the previous existence of JK?

If they were aware they should have disclosed it to you. If they weren't, well it's pretty difficult to disclose something of which you have no knowledge.

lon_85 wrote: »

Recently had an offer on a flat accepted and going through the paperwork- it has come to light through the searches that the property previously had japanese knotweed in 2015 and has since been eradicated- certificate provided shows that it has been removed and warranty states until 2026

I really wouldn't let it worry me if there's a treatment plan with insurance backed guarantee.

Marvel1

Mobile_hell wrote: »

You should be able to get redress from your surveyor for not finding it, its big enough!

Not really still early and the seller could have removed it.

How much of it is there? I treated mine easily last year with https://www.amazon.co.uk/Scotts-Miracle-Gro-Roundup-Concentrate-Weedkiller/dp/B001DYQ286/ref=sr_1_7?crid=3EW80AVF39XUT&keywords=tree+stump+killer&qid=1560515937&s=gateway&sprefix=tree+stum%2Caps%2C147&sr=8-7

Nothing this year.

Surrey_EA

Mobile_hell wrote: »

You should be able to get redress from your surveyor for not finding it,

A previous post from the OP says the knotweed has been treated, following its discovery in 2015.

AnotherJoe

Exodi wrote: »

Have you ever read a survey? Mine had to be delivered by an articulated lorry because it had so many pages of caveats. As for your example of it being the lenders surveyor, why would the potential customer be entitled to claim for redress?

There's also a plethora of reasons a surveyor may not have picked up on this, Mojisola points out one. What would be really useful to know would be how the OP came to find out about this?

I agree, simply cover the garden with the survey which will smother the knotweed. Its tough, but not THAT tough.

lon_85

Hi Guys - sorry just realized I had another thread on this!

I found out from the warranty certificate provided in the documents for the property

My home buyers surveyor did not pick this up because there is a treatment plan in place - warranty is until 2026

I'm just worried about future value of the house if i decide to sell

I'm not sure if the EA knew about the jk or not - the owner put "no" in the TA6 form and when questioned said they didnt realize hmmm

The jk is in the boundary between the grounds of the flats and the residence next door

I spoke to the company dealing with the treatment and they said they have returned each year to do treatment in the summer

The costs seem to have been paid until 2026 but after that time im not sure

Mojisola

lon_85 wrote: »

My home buyers surveyor did not pick this up because there is a treatment plan in place - warranty is until 2026

I spoke to the company dealing with the treatment and they said they have returned each year to do treatment in the summer

The costs seem to have been paid until 2026 but after that time im not sure

If they haven't cleared the problem by 2026, they aren't trying - unless it's coming in from next door and they are just beating it back to the boundary each time they treat it.

lon_85

Yep - the jk is on both sides of the boundary wall - so neighbouring property also has some from the photographs provided- the initial email from the control management co. Says it will be eradicated by 2016 and then post treatment monitoring but we are now 2019 and they are still treating so I'm thinking this will be a risk for me in the future in terms of selling and post 2026 treatment costs

[Deleted User]

The initial paperwork from the sellers usually has a question specifically asking if any history of JK. I think its called the TA6 Sellers Information Form. In theory this information would have been passed to your legal rep for review (and to you at some point).
This leaves 2 situations:

1. Solicitor didnt pick up on it and you didnt review paperwork with it one. Maybe sols should cover costs for not letting you know sooner
2. Seller didnt disclose which would be a case of misrepresentation and you could in theory take the seller to small claims to recover your costs

Estate agents are generally unaware of the majority of whats going on in a house beyond how many bedrooms its got and are you willing to buy it, its more likely they were unaware than deceptive.