Claim against seller of our property

Slithery

Sjones2188 said:

The seller told us the roof WASN’T leaking. It was a typo in the above message 

You may want to edit your OP and change that so no-one else gets confused.

Actonmonkeys

Sadly I think you have little chance of a claim. As you suspected and were told  there was a roof problem you should have looked at worse case scenario and deducted the full cost of the roof off your offer.

AskAsk

you don't have a claim against the seller as the survey should have flagged this up and you would then be responsible to get roofers round to inspect the roof and give you estimates.

TheJP

I don't belief you have any claim even if the seller said the roof wasn't leaking. The seller doesn't have to disclose anything about the house, its the buyers responsibility to do due diligence. You did and you got £3k off the price as the roof was in need of repair.

Use the £3k and get the roof repaired. 

Sjones2188

Yeah I understand what you’re all saying. I was just coming on here to get some advise to double check. If we don’t have a claim it is what it is and I’m just so glad we negotiated price. It’s just frustrating because there’s been issue after issue and it’s becoming apparent that all these issues the seller was already aware about and has had cow boy builders in to make it look like it’s fine but it’s not.

Slithery

TheJP said:

The seller doesn't have to disclose anything about the house

But they do have to answer questions truthfully though.

SpiderLegs

Surveyors eh, what a life.

on the one hand they get moaned about for making generalised comments to cover their backsides,
on the other they make some specific comments and their advice gets ignored.

sounds like a thankless job to me.

goodwithsaving

Sjones2188 said:

I know, I’m kicking myself now, but she was constantly on at me and as a first time buyer I was naive. The messages was over text message and I have a text from the seller stating the roof wasn’t currently leaking.

I get really fed up of first time buyers claiming nativity. There is plenty of information out there, professionals you can employ to guide you and a lot of it is just common sense.

You have no claim. Caveat emptor. At my last place; the boiler broke, roof leaked and window fell off the hinges on day 9. Did I consider pursuing my seller? I did not. 

I appreciate you have just asked a question and a few (including me) have bitten a bit, but you don't have a claim I'm afraid. You negotiated the price accordingly, knowing the roof is on its last legs. However, don't sweat. I know it's hard now and wherever you move something will pop up that incurs expense, even if it's in 'perfect' condition, but give it a few months and you'll look back and think 'it's sorted now'. It's awful at the time though, especially having just moved. 

Sjones2188

goodwithsaving said:

Sjones2188 said:

I know, I’m kicking myself now, but she was constantly on at me and as a first time buyer I was naive. The messages was over text message and I have a text from the seller stating the roof wasn’t currently leaking.

I get really fed up of first time buyers claiming nativity. There is plenty of information out there, professionals you can employ to guide you and a lot of it is just common sense.

You have no claim. Caveat emptor. At my last place; the boiler broke, roof leaked and window fell off the hinges on day 9. Did I consider pursuing my seller? I did not. 

We did use professionals. We had a solicitor, a survey, a mortgage advisor etc. What I am trying to say by being naive is the fact we exchanged numbers so that she could let me know measurements of things but that quickly changed to just ask for updates and her messaging me constantly but I was naive in thinking she was being nice instead of just taking the mick.

That’s unfortunate for you. But did your seller know about these issues and had cow boy builders in to “fix the job”.

You didn’t have to reply to this form if you’re so “fed up”
 

Thrugelmir

 The general state if the roof has previously been well discussed, What steps have you taken to have it replaced? As that's why the price was reduced by £3k. There's been some windy weather since the end of June. Not going to have helped matters either.