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Property misinterpretation advice

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Long story short we bought a flipped house and realised that one of the chimneys had been removed from ground floor and kept above. 
We only realised this after completion when going through old photos of the house pre-flip. 
The sellers didn't declare any internal wall removal under Building works (e.g. extension, loft or garage conversion, removal of internal walls) section of the property information TA6 form. 
Right now there are some hairline cracks in the wall (100mm thick) that I am assuming is supporting the chimney and I am worried that I might just end up with a chimney in my head one day. 
Also if we end up selling the house one day I will be faced with the problem of declaring a chimney removal that was not declared to Building Regs. 
Is this sufficient grounds to go after the seller with a misinterpretation claim? 
How should we proceed? 

Comments

  • TBG01
    TBG01 Posts: 499 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Did you get a survey?
  • MrBog
    MrBog Posts: 25 Forumite
    Third Anniversary 10 Posts
    TBG01 said:
    Did you get a survey?
    No survey unfortunately. 
  • user1977
    user1977 Posts: 17,881 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    "Misrepresentation" would make more sense than misinterpretation, though far from clear you've got any claim. What do you think they misrepresented? Do you know when the works were done? Are you going to get somebody in to check whether there's actually a problem?


  • MrBog
    MrBog Posts: 25 Forumite
    Third Anniversary 10 Posts
    I know the works were done after they bought the house in 2020 and before they sold it to us. They lied about the chimney removal so now if I want to sell the house I have to give details about something I haven't done. If they declared the chimney removal in the TA6 and said they don't have BR for it I sure as hell wouldn't have bought the house 
  • bouicca21
    bouicca21 Posts: 6,698 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 22 June 2021 at 7:59PM
    You saw the house?  You didn’t notice the cracks?  You didn’t notice that there was a fireplace and chimney upstairs but not on the floor beneath?  You were so confident of your own judgment that you didn’t get a survey?  I think I see a big flashing light that says Caveat Emptor.

    I’m not all sure that removing a chimney counts as removing a wall.
  • Might be worth a check on the council website to see if there are building regs.

    And go back to your solicitor to see what they say.

    Also you need to think about what remedy you are looking for - the cost of reinstating the chimney?
  • Why don't people pay for surveys? I've just bought a house and paid thousands checking it out.
  • deannagone
    deannagone Posts: 1,115 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    I am not sure you will get far with saying the seller lied if the chimney upstairs could be seen and you could see there was no chimney downstairs.  Its for you to make enquiries about things like this.., and commission surveys.
  • MrBog said:
    I know the works were done after they bought the house in 2020 and before they sold it to us. They lied about the chimney removal so now if I want to sell the house I have to give details about something I haven't done. If they declared the chimney removal in the TA6 and said they don't have BR for it I sure as hell wouldn't have bought the house 
    How do you know/do you have proof? They could say they weren't aware of the works when they sold. 
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