Home Buyers report missed water leak, seller must have been aware prior to completion

BarbedAndTanged

Hi,

we had a home buyers report done prior to buying our property. I understand that this type of survey is on an as seen basis and no furniture is moved or carpets lifted etc.

Doozergirl

I doubt the seller noticed it until the last second or they wouldn't have lived with something that was an easy fix.

If the vendors didn't notice it, I don't see why the surveyor would. Even you've said it's visible because the fridge was moved.

If the vendors were intending to leave the dishwasher it would be on the fixtures and fittings form.

If they haven't lied to a direct written question about this sort of thing then it's not their problem, it's yours, unfortunately.

shortcrust

Even if they knew, the seller doesn’t need to tell you about things like that so it’s not their responsibility. They might have run a towel over it before the surveyor turned up - nothing wrong with that if they did - and if so there might not have been any wetness to see at the time.

If you really feel it’s something that should have been easily noticed the big question is why didn’t you notice it yourself. It sounds like you didn’t notice until you started moving furniture so it seems unfair to try to pin it on the surveyor.

Slinky

shortcrust wrote: »

Even if they knew, the seller doesn’t need to tell you about things like that so it’s not their responsibility. They might have run a towel over it before the surveyor turned up - nothing wrong with that if they did - and if so there might not have been any wetness to see at the time.

If you really feel it’s something that should have been easily noticed the big question is why didn’t you notice it yourself. It sounds like you didn’t notice until you started moving furniture so it seems unfair to try to pin it on the surveyor.

I'm pretty sure there was a question on our fixtures and fittings form asking if we knew of any defects

BarbedAndTanged

Even if they knew, the seller doesn’t need to tell you about things like that so it’s not their responsibility. They might have run a towel over it before the surveyor turned up - nothing wrong with that if they did - and if so there might not have been any wetness to see at the time.

I am pretty sure that a seller is legally required to disclose any defects and that they are liable if they deliberately conceal an obvious defect. If you do not see a problem with this then I feel sorry for anybody who ever tries to buy something from you.

If you really feel it’s something that should have been easily noticed the big question is why didn’t you notice it yourself. It sounds like you didn’t notice until you started moving furniture so it seems unfair to try to pin it on the surveyor.

I am not a surveyor and I do not have the expertise nor experience to spot every defect around a house. If I knew how to spot all these things then I wouldn't have paid someone to do it for me, would I? It is fair to expect that a surveyor picks up on water damage to a piece of kitchen furniture, especially if he picked up a loose door hinge 50cm away from it.

davidmcn

BarbedAndTanged wrote: »

I am pretty sure that a seller is legally required to disclose any defects and that they are liable if they deliberately conceal an obvious defect. If you do not see a problem with this

The main problem is that it's completely incorrect. There is no general obligation to disclose defects.

Doozergirl

BarbedAndTanged wrote: »

I am pretty sure that a seller is legally required to disclose any defects and that they are liable if they deliberately conceal an obvious defect. If you do not see a problem with this then I feel sorry for anybody who ever tries to buy something from you.



I am not a surveyor and I do not have the expertise nor experience to spot every defect around a house. If I knew how to spot all these things then I wouldn't have paid someone to do it for me, would I? It is fair to expect that a surveyor picks up on water damage to a piece of kitchen furniture, especially if he picked up a loose door hinge 50cm away from it.

I've been renovating houses for 20 years and I will tell you for a fact that there is barely a house out there without defects.

Most houses are second hand and new ones have snagging lists (at best). We are dealing with a second hand house here. You cannot sell a second hand anything and expect it to be in pristine condition, and you cannot know what sits behind the plaster and floorboards until you lift them. It therefore goes that people are not expect to disclose everything, because they can't know everything. People also have different ideas of defects - it's subjective in many cases.

Surveyors, unfortunately can't be expected to find everything without moving or removing objects or only given a couple of hours in a house.

It is still Caveat Emptor. You just can't lie when asked a direct question.

BarbedAndTanged

I've been renovating houses for 20 years and I will tell you for a fact that there is barely a house out there without defects.

Most houses are second hand and new ones have snagging lists (at best). We are dealing with a second hand house here. You cannot sell a second hand anything and expect it to be in pristine condition, and you cannot know what sits behind the plaster and floorboards until you lift them. It therefore goes that people are not expect to disclose everything, because they can't know everything. People also have different ideas of defects - it's subjective in many cases.

Surveyors, unfortunately can't be expected to find everything without moving or removing objects or only given a couple of hours in a house.

It is still Caveat Emptor. You just can't lie when asked a direct question.

Point taken. It will probably cost more time and money to sue the seller or surveyor than to just fix the damage myself anyway.

Have you ever felt with this type of damage? It's easy enough to fix the pipe but I am a bit worried about the concrete and plaster being soaked in water for a seemingly extensive period of time. There is black mould radiating out for at least 1m around the leak. I am going to treat it with anti fungal spray but I am worried if the fabric has suffered structural damage.

FreeBear

A home buyers report will highlight any urgent problems requiring specialist reports before signing contracts and any major faults affecting the value of the property. It won't cover minor faults or problems that are hidden behind carpets & furniture.

A leaking dishwasher would be a minor fault that would normally be a simple repair. Once the damp has had time to dry out, it shouldn't have any impact on the structure of the building - This assumes standard brick/block construction. A suspended wooden floor may be subject to localised rot if the leak has been going on for a long period of time.

Doozergirl

In response to your question about whether I've dealt with it before - what FreeBear said.

If you have a concrete floor then it's really just a case of letting it dry out. There will be no lasting damage. The kitchen unit will be the victim.

Get a dehumidifier if you like, to help speed up the process.

jamesperrett

I've had a homebuyer's report that completely missed a leaking roof. The previous owner had even put bowls up in the loft to catch the drips. Fortunately I had noticed the stains on the ceiling so had some idea of what to expect. I'll stick with local surveyors rather than those from the big chains in future.