Implications of “don’t know” on estate agent form

mrbg07546

We are looking to buy a house. On the homebuyers report for subsidence it shows “don’t know” a bit worried about this as it is usually unknown.

I really want to work out if it has subsidence. Should I get a more expensive homebuyers? What are options?

TBagpuss

Is it a probate sale or another situation where the person selling isn't living in the property? If so it's fairly normal as they won't necessarily know anything much about the property.

If not - talk to your solicitor or conveyancer - they may be able to go back to clarify and ask specifically whether the sellers have ever had any works carried out, and whether they were advised of any works at the time they bought. 

Getting a surveyor to check the property would let you know if there were any current signs which might indicate a problem, but won't (unless there are very obvious signs of repair) tell you if there has bee any historic issue which has been fixed 

user1977

Can you clarify what you're talking about - subject line says "estate agent form", but you've mentioned a "homebuyers report" (which usually means a survey)? 

AdrianC

If the vendor really doesn't know, then what do you want them to do?

Do they say "no", even though there may have been and they simply aren't aware?
Why would they say "yes", if they don't know for sure there has been?

Ultimately, subsidence is simply that the foundations were insufficient for the ground conditions. If that's been rectified, and there are no signs currently, what's the issue?

mrbg07546

TBagpuss said:

Is it a probate sale or another situation where the person selling isn't living in the property? If so it's fairly normal as they won't necessarily know anything much about the property.

If not - talk to your solicitor or conveyancer - they may be able to go back to clarify and ask specifically whether the sellers have ever had any works carried out, and whether they were advised of any works at the time they bought. 

Getting a surveyor to check the property would let you know if there were any current signs which might indicate a problem, but won't (unless there are very obvious signs of repair) tell you if there has bee any historic issue which has been fixed 

TBagpuss said:

Is it a probate sale or another situation where the person selling isn't living in the property? If so it's fairly normal as they won't necessarily know anything much about the property.

If not - talk to your solicitor or conveyancer - they may be able to go back to clarify and ask specifically whether the sellers have ever had any works carried out, and whether they were advised of any works at the time they bought. 

Getting a surveyor to check the property would let you know if there were any current signs which might indicate a problem, but won't (unless there are very obvious signs of repair) tell you if there has bee any historic issue which has been fixed 

Not probate, they are currently
living in house. Do you recommend I take a top level survey report? Obviously I want to get this clarified as many people write “no” if they don’t know. 

AdrianC

mrbg07546 said:
...many people write “no” if they don’t know. 

They are fools if they do...

If somebody says "Nope, definitely not, no way, hand-on-heart, uh-huh" and it turns out they were mistaken, there is a potential legal liability against them.

If they say "Don't know", when they simply don't, then there's no issue.

If, of course, they say "No" or "Don't know" when they demonstrably DID know, that also brings a liability...

user1977

Of course, it depends what the question is (and we haven't been told that...) - if it's "has there been any remedial work needed because of subsidence during your ownership of the property", you'd expect a yes/no answer.

mrbg07546

Has the property ever been subject to subsidence ? If so please detail remidial work.

user1977

mrbg07546 said:

Has the property ever been subject to subsidence ? If so please detail remidial work.

In which case "don't know" is probably reasonable, if they haven't owned it since it was built. In my case I can only speak for the last 6 or so years of my property, and not the previous 130 years...

princeofpounds

user1977 said:

Can you clarify what you're talking about - subject line says "estate agent form", but you've mentioned a "homebuyers report" (which usually means a survey)? 

This. It's pretty unclear what you are talking about, OP. It matters, because different documents have different requirements in terms of disclosure.

hazyjo

I'll usually put 'not to my knowledge' to cover my own backside. Sounds a bit better than 'don't know'.