pulling out of house purchase due to Japanese knotweed

lon_85

@pinkteapot - you are right I've definitely made my decision to pull out of this purchase; I guess I'm clutching at straws to see if I can redeem something - it was going to be a cash purchase so no mortgage fees thankfully.

davidmcn

lon_85 wrote: »

Re: surveyor - you are right I don't have any way forward there I guess if he cannot see it then he cannot give any further information- I thought they also do searches on the property to check things like jk treatment?

What do you mean by "searches on the property"? There's no public register of JK treatment, if that's what you're getting at.

pinkteapot

lon_85 wrote: »

@pinkteapot - you are right I've definitely made my decision to pull out of this purchase; I guess I'm clutching at straws to see if I can redeem something - it was going to be a cash purchase so no mortgage fees thankfully.

Sadly, the way the English house-buying system works, you generally don't have a claim against anyone prior to exchange. The money you've spent on your surveyor and solicitor has done its job though - you've uncovered a problem before going ahead and buying the place. My mum had similar a few years back - the process uncovered previous subsidence. It is frustrating to feel that you've spent money for nothing but more transactions proceed than don't, so it's unlikely to happen again elsewhere, and you could have lost much more if you'd bought it without finding out. Think of it as a lucky escape.

lisyloo

lon_85 wrote: »

@lisyloo - The only way i can prove they lied is the fact that they have sold other properties recently in the same building - jk will have come up during those sales as they share the same land. Re: surveyor - you are right I don't have any way forward there I guess if he cannot see it then he cannot give any further information- I thought they also do searches on the property to check things like jk treatment?

My solicitor is on holiday but should be back this week so will try to connect back on this - my total losses would be around £2k :-( - I think far better than 245k + maintenance + service + ground rent + jk treatment (if needed post 2026)

I don't think what you've said constitutes proof the EA lied but your solicitor is the expert on that.


I don't think you've lost £2K.
That simply what you've paid for due dilligence.
No-one else has to cover the cost of your due dilligence.

Please do let us know how you get on particularly if were wrong, but I think it's going to be hard to prove lies by the EA and I cant see where you've experienced a loss as a direct result of the lies.

lisyloo

BTW - I do believe you've been lied to and I sympathise, I just don't believe you can prove it.


For example was what the EA said to you in writing?
Was it the same person who dealt with the other sales?

Did they categorically say there was no JA or "not as far as they knew"?
Do you have proof that it came up in the other sales and wasnt overlooked?


Of coursse if you have written evidence from another buyer then I could be wrong.

GDB2222

You have far more protection from misleading estate agent information than most people here realise. This link explains it
http://etsos.co.uk/consumer-protection/

In practice, you'd raise a complaint with the agent, then take it forward to their ombudsman. It would not be worth suing over, but that route costs you nothing.

I don't think it's necessary to prove that the estate agent knew about the missing information, as the sellers clearly did. The agent will have an indemnity from the sellers.

lon_85

Thank you to everyone for your replies I really appreciate the time- if it wasn't for forums like this with people like you contributing people like me would be lost!

I have withdrawn from the purchase - it was going to be my first step on the ladder but hey life must go on and plenty more fish in the sea as they say.

I am going to try the route of making a complaint with the estate agent and then forwarding to the ombudsman - even if nothing transpires I still feel that the estate agent needs to be reviewed - even on the phone call to me they said they didnt know anything which is completely wrong -if they have just sold 3 properties. Unless all those sellers did not reveal this information which I highly doubt.

I will let you all know how I got on once it progresses.

Thanks again for your help guys!

hazyjo

Was the treatment plan instructed/paid for by this vendor alone, or the block as a whole (with or without the adjoining neighbour)?

When were the other properties in the block sold?

Was it a ten year plan from 2016?

If so, it would depend on if those other properties were sold before 2016 as to whether it might have been spotted. If your surveyor didn't spot it as it's being treated, why would you presume other surveyors should have? Plus, it's not compulsory to have a survey. They may have just had a valuation. Doubt they would have been able to have a buildings survey if a flat so that only really leaves a homebuyer's. If buying in winter, the JK would prob not have been evident anyway. If the treatment plan was just paid for by this one vendor, how would others know about it? You need proof of that - which I can't see being possible to obtain. Maybe knock on other doors and ask them - although can't see you being popular. At the moment, they may not know and can plead ignorance. Once they know, they have to disclose it. Obviously it seems fair they know and tell people, but you're not even an owner.

Anyway, prob all irrelevant as it looks like you've pulled out, although as you seem to want to take it further, there appears to be lots you need to consider.

Car1980

Forget it and move on. You'd have to somehow prove a previous purchase fell through specifically because of the knotweed because that is the only real scenario the estate agent would know and be in a position to lie - if you'd specifically asked them the question and they said no. And then you'd have to quantify your losses.

I just hope it wasn't a dream house and you pulled out solely because of the knotweed, because it's massively overhyped.

eddddy

Car1980 wrote: »

Forget it and move on.

I suspect that the OP may have done. It's over 3 weeks since the OP asked the question.