Seller lied on property information form about conservatory

Section62

GDB2222 said:

jwalrus9 said:

@Grumpy_chap I don't think it was a mistake as he was able to provide info on the double glazing installed in 2003. And it was two boxes he would have supposedly ticked incorrectly. Will check the dimensions as it's a utility with conservatory built onto it. Thanks

I can’t think why the executors would have lied about this. It’s question 4.1 on the TA6 by the way. It’s hard to see what your loss is? 

I see no reason why you should not sue, even if it’s a few months since purchase. But, there’s no reason to do so unless you have suffered a material loss. 

IMV, it does depend on what this form is, and the exact wording of the question.  Until that is clarified the OP hasn't established that the seller has 'lied', or even made a mistake.

jwalrus9

@GDB2222 no loss at present, unless any costs are incurred for some reason, because these were built without the council being made aware. 

jwalrus9

See 4.2,4.3 and 4.4 of TA6, where a concealed development' means the LA can take enforcement action. And if that incurs costs I would be looking to sue in that case ?
 

jwalrus9

@Section62 will take a photo of exact wording when home , but it literally asks if a conservatory has been added...which it has...

jonnydeppiwish!

So the vendor is the executor of the estate?

Therefore it’s possible they may have found the paperwork for the windows but nothing for the conservatory. Additionally, there’s a distinct possibility that the executor may have never stepped foot in the house (ie if they are a solicitor).

Pretty sure that this comes down to you not checking and questioning the answers on the Form provided.

As for commented that people’s responses were pointless, then happily accept what they say without apologising, is poor form. You messed up, not people responding to your post.

Atomix

Ticked no for extensions / conversions, is the conservatory question seperate from this or same question, if so, they may have glanced over the question.... easily done

jwalrus9

Interestingly, under the Misrepresentation Act 1967, it isn't up to the buyer to prove you lied, but the seller to prove you didn't lie... Which they would have a hard time doing

jwalrus9

@Atomix they are separate questions 

Atomix

The way i saw it, a conservatory used to be - not permanent structure, back in the day, therefore anyone could have one, no questions asked. However since the 80's things have changed, but, your seller may well be thinking back to the time when it was fitted, no questions, no forms, no nothing....  therefore nothing wrong/been there for x30 years etc...

jwalrus9

@jonnydeppiwish! He had been in the property, he was family. And he was there in the property when my husband was there with the structural engineer. Also, see my post about the Misrepresentation Act 1967...