House sold without survey

Jumblebumble

greatcrested said:

greatcrested said:

So

1) what exactly does the PF say?Please quote.

2) what structural work (if any) had been done?

Also pull out the auction documentation which will probably have caveats in the contract regarding condition of property.

As with PIF, what exactly does it say?

I am astonished that the OPS solicitor did not raise this by asking the brother in Canada "how do you know?"
The brother might have asked himself the same question.

pinkteapot

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".

I've sold a few times and I don't recall the Property Information Form having that question. It'd be too broad/vague. You are asked specific questions about various things. Key thing is not to have lied in any of the answers (I think there is a "don't know" option for all/most of the questions).

greatcrested

Indeed.

Download a specimen TA6 form (PDF 793 KB)

AnotherJoe

Brenoo63 said:

Brenoo63 said:

davidmcn said:

Brenoo63 said:

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."

Ok, is that what the PIF said, has there been any structural work done, and is that relevant to the crack?

He did not have a survey done 

My brother in Canada was dealing with the sale , none of us live nearby , so i think he would of said no  structural work been done , she had a kitchen wall knocked out about 10 years ago but aint no where near the said crack .

Hopefully he didnt say that, because how would he know?

When i filled in the forms for my mums flat it was mostly a list of "dont knows" so as to be clear of any issues arising from statements i made where i thought the answer was "no/yes" but didnt actually know for sure.

coachman12

From all available information, unless there are facts we do not know from this thread, I would write to the solicitor and say that you have taken " initial legal advice" and , as a result, you have no intention of paying a penny for any claim and that if the new owner wants to pursue it in court, you will instruct your solicitor to defend the case and seek full payment of your legal charges if the claim is rejected.

Flugelhorn

Selling under probate usually means a long stream on "Not Known" on the form - even if you think you do.