We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

House sold without survey

Brenoo63
Brenoo63 Posts: 7 Forumite
First Post
in House buying, renting & selling
My mothers house was sold after she died last year. The buyer was her nextdoor neighbour. the sale went through but now he has come back and is trying to claim 14k back for a crack he has found in a party wall
. The crack was very visable when veiwing . He did not get a survey done. 
The house was sold at auction. Where do  stand regarding this?
Im sure he doent have a chance  for the claim but could really use some good advise, thank you.
«13

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Brenoo63 said:
    Im sure he doent have a chance  for the claim.
    You're right. Has he actually made a "claim"?
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Te burden of due diligence is on the buyer.
    However there is a form that the seller fills out which asks questions such as "are you aware of any issues with the property".
    The only comeback they would have would be if they could prove the seller lied.
    This is difficult at the best of times, but in this case the seller was presumably an executor or beneficiaries who may well not have known about any issues anyway.
    So your answer should be a relatively confident "ok, sue us"

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    lisyloo said:
    However there is a form that the seller fills out which asks questions such as "are you aware of any issues with the property".
    If it was sold by a "normal" auction I doubt there would even have been that.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 July 2020 at 4:30PM
    If the party wall is the one he shares as her neighbour, then is it not rather ironic that he's now got a crack in both houses?
    And will he have to serve a party wall notice om himself to get it fixed?
    No free lunch, and no free laptop ;)
  • Brenoo63
    Brenoo63 Posts: 7 Forumite
    First Post
    davidmcn said:
    Brenoo63 said:
    Im sure he doent have a chance  for the claim.
    You're right. Has he actually made a "claim"?
    We have recieved the solicitors letter.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Brenoo63 said:
    davidmcn said:
    Brenoo63 said:
    Im sure he doent have a chance  for the claim.
    You're right. Has he actually made a "claim"?
    We have recieved the solicitors letter.
    And does it explain the legal basis of their claim?
  • Brenoo63
    Brenoo63 Posts: 7 Forumite
    First Post
    macman said:
    If the party wall is the one he shares as her neighbour, then is it not rather ironic that he's now got a crack in both houses?
    And will he have to serve a party wall notice om himself to get it fixed?
    Yes so ironic.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    A solicitors letter is just a letter.
    I'd ignore it.
     
  • SameOldRoundabout
    SameOldRoundabout Posts: 593 Forumite
    500 Posts Third Anniversary Name Dropper
    I’d ignore it too. Unless you willingly provided a statement saying there was nothing wrong with it then as far as I’m aware it’s caveat emptor! If it’s obvious on viewing and he lived next door he should’ve seen it before bidding. 
  • Brenoo63
    Brenoo63 Posts: 7 Forumite
    First Post
    davidmcn said:
    Brenoo63 said:
    davidmcn said:
    Brenoo63 said:
    Im sure he doent have a chance  for the claim.
    You're right. Has he actually made a "claim"?
    We have recieved the solicitors letter.
    And does it explain the legal basis of their claim?
    Yes quote " Futher, the PIF stated that no structual work has been done yet upon entering the property  our client became aware that was not the case."
★ ★ ★ Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.3K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 601.1K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.
Update Your Picture