Undisclosed roof issue on property

eddddy

Jeepers_Creepers said:

Did the seller have to disclose this if not asked? Pretty sure that's a 'no'.

The seller almost certainly would have been asked.

It's a standard question on the TA7 Leasehold Information Form. The form will be part of the contract. That form says:

5.5 Does the seller know of any expense (e.g. the cost of Yes No redecoration of outside or communal areas not usually incurred annually) likely to be shown in the service charge accounts within the next three years? If Yes, please give details: 

If the seller gave a misleading answer to that question, it would be misrepresentation. The buyer could claim damages for misrepresentation in a contract.

In simple terms, the buyer would have to provide evidence to a court that, on the balance of probabilities, the seller knew about section 20 notice. (If the management company are willing to say to a court that they informed the seller, that's seems like pretty compelling evidence.)

joehawkins90

Cheers Eddy! I’ve just double checked that TA7. He filled it out in May of that year, which at that time was accurate. However the new MC told him about the issue in June (which is in emails) and he refused to update the TA7 or tell his solicitors about it. Up until the exchange is still in his hands so I think this is my smoking gun. I was focusing on the TA6 but I think this along with everything else should suffice if it ever makes it’s way to small claims! Thanks so much