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Property misinterpretation advice
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MrBog
Posts: 25 Forumite

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?
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?
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Comments
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Did you get a survey?0
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"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?
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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 house0
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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.4 -
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?0 -
Why don't people pay for surveys? I've just bought a house and paid thousands checking it out.2
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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.2
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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 house0
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