Defending a misrepresentation claim

climbthatwallseegar

The neighbours dispute question: from memory I thought that related to a dispute between the seller (ie you) and the neighbour, not between the neighbour and a third party? So I don’t think their quarrel with the builder needed to be declared on the PIF.

Mr2018

I agree, why would you not get a survey done anyway, then you hear the word flooding and that should ring alarm bells and mean you check everything!

There was only one email with a query raised to me, which reads (send from the estate agents):

"There has been some mention of flooding, which the solicitor I understand may raise as an enquiry, but the buyer, has inferred that he isn’t unduly concerned with anything. He understands united utilities have dealt with it and the only query he has asked to be raised is if the drain has had a large cover or something to help reduce the chance of blockages in the future? He also just wants to clear up where the drain is, I suggested this is the one at the top on the main road, is this where it is?

He also asked regarding the flooding in the garage if there is a drain at the front of the garage, I presume he means like a channel drain, I apologies I couldn’t recall so said I would come back to him."

I responded to both these queries prior to exchanging contracts.  I believe they obtained local searches, and no queries were raised from this.  

They have sent 4 letters now, July 21, Sep 21, and two this month (Jan 22).  So they are dragging it out a bit.  Each letter does state their intent to proceed to litigation, but so far nothing has happened.  From that it may seem like they have no intention, but it is still nervous ground for me.  Their latest later does put a 14 day response time on it, so I suppose if I were to let this lapse, they have to show their hand, either follow through and do it or clearly they were bluffing.

I find these paragraphs interesting: 

"In the absence of an address for your client we will have no alternative but to apply to the Court for an Order that the proceedings are served by way of advertisement in national/local press, resulting in increased cost"

"Maybe your client wishes to pass this letter to his insurers so they they may communicate with us to settle the claim and thus avoid additional costs for which we will apply to the court due to your clients unreasonable behaviour"

Why would my insurers pay and settlement for them? Is it good they don't have my current address? 

Thank you [climbthatwallseegar] I hadn't thought about it like that and think it is a good point.  The question says this property or other property's but still reads now as between me and other other property's, not just mine, which I have never had any dispute with other property's.  Why would I declare a dispute my neighbour has with a 3rd party in the sale of my house.

canaldumidi

Nothing to add following your update. Ignore. If they go legal, more fool them.

I would refain from responding given they've written 4 times - just draging things out, and you might inadvertantly write something that can be used against you.

Do you have legal cover with your insurance? At work? Union? But even if yes I wouldn't approach them unless things escalate.

GDB2222

I cannot see any point in withholding your current address.

GoogleMeNow

EAs are not legal experts and anything they say or write is not legally binding and would not stand up in court, so if the buyers were concerned about flooding prior to completion, they should have raised it with their solicitor, not the EA.  If the buyers advised their solicitor that they "were not unduly concerned", then their solicitor would not pursue enquiries about it.  The solicitor does not visit the property, so they rely on the buyers to tell them about matters about which they are concerned.

Conveyancing solicitors do not deal with litigation, so the ball will be very much in the buyer's court as to how they want to pursue compensation through the courts.  Is the buyer's solicitor working for a firm that also has a litigation department?  

I agree that there was no need for you to disclose the neighbour's dispute with a third party - this is their dispute, not your dispute.

GoogleMeNow

Your solicitor would not pass on your current address to the buyer's solicitor.  This is normal.  Far better that the buyer's solicitor liaises with your solicitor rather than directly to you.

Their latest letter stinks of threats, but no action.

deannagone

I agree, don't reply anymore.  You have said more than enough.  If they decided to not have a survey, make no further investigation inspite of knowing there had been at least one previous flood, they don't have a hope in hell if they do decide to take it further.

GDB2222

deannagone said:

I agree, don't reply anymore.  You have said more than enough.  If they decided to not have a survey, make no further investigation inspite of knowing there had been at least one previous flood, they don't have a hope in hell if they do decide to take it further.

The buyers are entitled to rely on the TA6 form. Provided that was accurate, they don’t have a case.

Mr2018

It was accurate as far as I was concerned.  You can't write war and peace in the box, its only a small box to fill in. I certainly highlighted a flooding incident and would have answered any enquiries on it honestly.

Andthen07

Don't know if it's ben said already but I would refer them to the reply given in 'Arkell and Pressdram' and cease all communication after and get on with your life.