Seller didn't disclose a defect

suchadipstick

I bought a bungalow in late August 2020 and have discovered that it has extensive mould and damp issues that are having an big impact on the health of my elderly mother and myself. We have had to vacate the bedrooms and I've had to throw several pieces of mould damaged furniture out. I didn't have a survey, because of time constraints caused by Covid19 [ my buyers needed to move quickly and there was a huge backlog with the surveyors].
Is my seller at fault for not disclosing the damp and mould, when he must have known about it, because it is obviously historic. Can I have the contract rescinded?
I did what I thought was best at the time, because my Mother could no longer get upstairs. I know that I am a fool, but now I'm a desperate fool.

davidmcn

Only if you asked them a relevant question and they gave a false answer. And even if that happened, it doesn't mean the contract gets rescinded. 

knightstyle

Damp and mould on furniture etc. is usually caused by lack of ventilation.  Are you saying there is a structural defect in the building that is causing the problem?   If so it was up to you as the purchaser to either have a survey or check yourself that the building is sound.
You will need to be careful and examine sellers answers to questions before making unsubstantiated claims.

Tiglet2

I am sorry to hear of your troubles. 

The contract cannot be rescinded and stating that time constraints prevented you from undertaking a survey was a risk you decided to take.  Unfortunately, unless you had specifically enquired about damp and mould either through your solicitor or on one of your viewings, the vendor wouldn't have needed to volunteer information not asked for. 

The Property Information Form TA6, which the seller completes, asks questions about the house, but sellers are often quite vague with their responses and there are no questions within that form which specifically asks about any known damp or mould in the property. 

I am sure you already know but the point of having a survey is to have a professional surveyor working on your behalf to inspect the house and outside for any issues of concern and report those findings to you so that you can make an informed decision whether to proceed or not.   Of course, in August the weather was hot, so it's possible that damp and mould was not evident at that time.   Caveat Emptor.

Best to find out what is causing the damp and get it fixed.  It might be something simple like a leaking gutter running down the brickwork, but it won't get better until you have found the cause and fixed the problem.

Good luck.

iampetesmith

Well having the contract rescinded is completely out of the question as the sale is completed and everyone moved months ago, even after exchange you couldn't do this.

You probably know the answer, but you're stuck with it and will need to find someone to come out and look at it & treat it as it's your house now. If the vendor simply didn't mention it, then there's no comeback on them as it's up to the buyer to check out the condition of the house, usually by having a survey done. If that meant your buyer had to wait and the whole sale would be delayed while waiting for a survey, then that's how it would have to be to make sure you found out about these issues before you exchanged contracts.

Once contracts are exchanged then the house is yours, along with any problems that come with it.

FreeBear

knightstyle said: Damp and mould on furniture etc. is usually caused by lack of ventilation.

A dehumidifier will help, as will turning up the heating. Moisture condenses on cold surfaces, so keeping things warm will reduce the effects.

Check outside to see if the ground levels have breached the damp proof course and air bricks (if fitted) are not blocked. Also check downpipes & gutters for blockages. Some photos of the property might garner further suggestions.

macman

If the damp problem was so severe that it has resulted in the destruction of several pieces of furniture in less than 3 months, then it must have been visible in August when you made your offer: you wouldn't need a surveyor to tell you that.
No comeback whatsoever; the vendor does not have to disclose any defects, they simply have to answer any questions truthfully. Unfortunately, you didn't ask any questions.

DayDreamerandGeneralWaster

Pull furniture away from the walls to get some air circulating. When it next rains check the guttering is working properly. What sort of windows does it have? Can you open them a little and leave them open as much as possible? Clean any visible mould out, put appropriate protection on  and get a mould remover. What about the damp proof course, can you see the line on the external walls? There's no point wasting time here wondering if you can sue, you need to fix the problem pronto. 

cooltt

suchadipstick said:

I bought a bungalow in late August 2020 and have discovered that it has extensive mould and damp issues that are having an big impact on the health of my elderly mother and myself. We have had to vacate the bedrooms and I've had to throw several pieces of mould damaged furniture out. I didn't have a survey, because of time constraints caused by Covid19 [ my buyers needed to move quickly and there was a huge backlog with the surveyors].
Is my seller at fault for not disclosing the damp and mould, when he must have known about it, because it is obviously historic. Can I have the contract rescinded?
I did what I thought was best at the time, because my Mother could no longer get upstairs. I know that I am a fool, but now I'm a desperate fool.

But you still threw tens of thousands of pounds at the property anyway? .....come on man.

Anyway as others have said most damp issues can be cured with ventalation, bleach surfaces, bin furnishings which have been contaminated. Then locate the source and remedy it.

NameUnavailable

Mould damaged furniture that had to be scrapped and you only moved in in August?

The place must had water running down the walls! Did the place reek of damp smell when you viewed?

I suspect there's some issue with ventilation, that's often the cause of black mould. Get a damp expert around to advise you further. Tackle the problem rather than worrying about if you can go after the seller (you can't).

Davesnave

NameUnavailable said:

 Get a damp expert around to advise you further. Tackle the problem rather than worrying about if you can go after the seller (you can't).

But be advised there are very few 'damp experts' that don't want to sell you something; often a snake oil solution that will ultimately fail. A surveyor ought to be unbiased and detached from the situation.

There is no clue in your original post as to the age or construction of this building, other than it's a bungalow, so before going much further you really need to know things the survey would have told you, like whether it's of non-standard construction, or maybe of concrete panel 'Woolaway' design, which is now deemed defective. Presumably, if you'd needed a mortgage that would at least have been considered, but if you paid outright then you were truly buying 'a pig in a poke.'

Let's hope the damp is related to something obvious, like leaky gutters, but if it isn't, I fear you will be on a steep learning curve. It's not clear at this stage whether full remediation would be possible without major works.