Subsidence not disclosed on pre-purchase survey

detomassino

Hello,

I am writing to ask for an opinion about the situation I got myself in.

One year ago I bought a house, which was freshly renovated - moved in in March.

Then in the summer strange cracks appeared on the newly plastered walls - numerous investigations through my insurance company led to the conclusion that it was subsidence caused by a large tree in the neighbor's garden.

The homebuyers report didn't pick it up and also incorrectly interpreted the re-pointed mortar lines on the outside walls as a result of settling of the property.

The previous owner did not disclose the fact that the house had one wall (facing the tree) underpinned in the past and that he hid the subsidence signs.

It looks like the insurance company is taking the liability for the whole matter, which is a big relief for me.

It will however be a lengthy process to remove the tree and repair the house - I will have to move out for that.

It these any way I can bring this up with the previous owner or the surveyor?

Best regards,

T

knightstyle

The previous underpinning should have been disclosed by the sellers.  It should have a guarantee!  Ask them.
Homebuyers report is just a valuation for the mortgage company unless you paid for more.

detomassino

Thank you for your reply.

I paid for Homebuyer report by RICS surveyor, the mortgage company arranged their own.

The underpinning was not disclosed and I understand from the neighbor it was done 20 or so years ago.

theoretica

Was there a direct question that the seller answered untruthfully?

macman

The vendor does not have to disclose anything: they merely have to answer any questions truthfully. no liability whatsoever otherwise.
If done 20 years ago then it may have predated their ownership anyway.

AnotherJoe

Just had a look at the TA6 for my property and there's no mention of subsidence on it so unless you / your solicitor asked a separate question about it, then there's no comeback, with one exception.

The TA6 asks if insurance has ever been declined and if the seller has made insurance claims, but 20 years ago may not have been the seller. If it was then i guess you woudl have a reasonable case to take action against them.

verytired11

My property had subsidence 30 years ago and was underpinned 5 years before i bought the place.  I have just completed the TA6 form and there are two places where i have disclosed it - one is in the section on any previous works done on the house (yes, an extension combined with a steel frame underpinning to deal with subsidence at the back of the house) and one on the section on insurance, because there is an increased excess clause for subsidence.  However, I was surprised that the form doesn't ask for it directly and arguably I could have declared the extension without declaring the precise structural details of it, and in respect of the insurance my previous insurers didn't have the increased excess, so I wouldn't have had to declare that on the insurance either if i had sold a few years ago.  

detomassino

Thank you for the responses.

the TA6 form used in the purchase process was similar to the one here

https://www.lawsociety.org.uk/topics/property/transaction-forms

What do you think about points 5.1 and subsequently 5.2. They are asking about warranty re: subsidence work so not directly has there ever been subsidence?

N.B. the previous owner lived in the property since it was a new build, I am the second owner.

[Deleted User]

If the insurance company is taking the case on what more are you wanting?  Presumably you have alternative accommodation cover within your policy?