Seller lied on property information form about conservatory

Bendy_House

Jwalrus, have I missed what the actual issue is here? What is your concern?

You viewed the property, saw that it had a conservatory, presumably had some thoughts on it at the time - "Oh, that's a nice thing to have!", or "Hmm, it looks as tho' it needs updating" (delete as applicable/add alternative) - made an offer, had it accepted, and bought the place?

What now? What has changed? What actually matters?

Bendy_House

jwalrus9 said:

@jonnydeppiwish! Not listed or conservation area, what is AONB? thanks for advice 

Area of Outstanding Natural Beauty.

Section62

jwalrus9 said:

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

No reference whatsoever to timeframe... such as "in your ownership"?

jwalrus9 said:

RAS can we stop pretending the seller did this by mistake please .... It makes no difference either way

I don't think anyone is 'pretending' anything.  You are asking for advice, and to get the best advice we (collectively) need to see the issue in the round - which includes considering the possibility the answer was given in error, or that the question being answered isn't what you think it is.  Without knowing this form is definitely a TA6 (and which version it is) we can't exclude any of the possibilities.

jwalrus9 said:

user1977 apologies for earlier comment .... Not targeted specifically at you, but on this thread there seems to be a bias in favour of the seller ... Maybe it's always like this 

If you start taking legal action you'll probably be able to find a solicitor who will take your money to write a letter before action and start the 'legal' ball rolling.  Then they will bill you more, and probably let you think you've got a half decent chance of winning.  They will most definitely be on 'your side', and give you the answers you want to hear.

The posters on here who you perceive to have 'bias' include people who have been involved in legal action and know what it involves.  It is expensive and risky, and not something anyone should start without a clear understanding of the objectives and what is at stake in the event of loss.  They aren't biased in favour of the vendor - if they have bias, it is against starting legal action without much idea of the end result, and without a very good understanding of what you are getting yourself into.

To avoid making an expensive mistake you really need advice from skeptics as well, not just cheerleaders.  Fortunately this forum has a good mix of both.

jwalrus9

@Section62 no reference to time frame at all on the form. Hopefully when I take a photo it will add clarity to this question, and clarify what version it is. I understand that there are many personal possibilities as to why the seller answered incorrectly, but surely that's irrelevant? But I appreciate the forum being critical rather than cheerleaders as you put it. 

jwalrus9

@Bendy_House you're right, there is no issue at present, but what if there is an issue going forward which could be very costly? Something structural that impacts on the integrity of the house or garage ...? Ok that's not to say that ticking yes would have made any difference, but the seller may then have had to acquire certain documentation or checks ...I don't know. I did wonder why someone would tick no, thinking perhaps people do this to avoid something or to hide something...hoping to draw on experience from people on here. I've only had responses to say "he forgot or didn't know". Fine, if no one can offer any explanation other than that, it is what it is. I choose not to believe that because it is not believable IMO. 

jonnydeppiwish!

jwalrus9 said:

@Bendy_House you're right, there is no issue at present, but what if there is an issue going forward which could be very costly? Something structural that impacts on the integrity of the house or garage ...? Ok that's not to say that ticking yes would have made any difference, but the seller may then have had to acquire certain documentation or checks ...I don't know. I did wonder why someone would tick no, thinking perhaps people do this to avoid something or to hide something...hoping to draw on experience from people on here. I've only had responses to say "he forgot or didn't know". Fine, if no one can offer any explanation other than that, it is what it is. I choose not to believe that because it is not believable IMO. 

Ah, something structural going forward is your concern?
Unfortunately, that would then more than likely be Caveat Emptor - your issue.

lincroft1710

jwalrus9 said:

@Bendy_House you're right, there is no issue at present, but what if there is an issue going forward which could be very costly? Something structural that impacts on the integrity of the house or garage ...? Ok that's not to say that ticking yes would have made any difference, but the seller may then have had to acquire certain documentation or checks ...I don't know. I did wonder why someone would tick no, thinking perhaps people do this to avoid something or to hide something...hoping to draw on experience from people on here. I've only had responses to say "he forgot or didn't know". Fine, if no one can offer any explanation other than that, it is what it is. I choose not to believe that because it is not believable IMO. 

If anything structurally untoward occurs, then as you had a survey, if there would be anyone to sue it would be your surveyor.


As the conservatory was built over 30 years ago, even if there was paperwork it may have been discarded.   

Doozergirl

jwalrus9 said:

@Bendy_House you're right, there is no issue at present, but what if there is an issue going forward which could be very costly? Something structural that impacts on the integrity of the house or garage ...? Ok that's not to say that ticking yes would have made any difference, but the seller may then have had to acquire certain documentation or checks ...I don't know. I did wonder why someone would tick no, thinking perhaps people do this to avoid something or to hide something...hoping to draw on experience from people on here. I've only had responses to say "he forgot or didn't know". Fine, if no one can offer any explanation other than that, it is what it is. I choose not to believe that because it is not believable IMO. 

The way that something is built has nothing to do with planning.  

That is building control.  Conservatories are exempt - the could build it out of lego or rotten wood if they wanted to.   The only issue might be the radiator, but some LAs are apparently fine with if if has it's own TRV.  In 17 years on this forum I have never seen a thread about actual building control enforcement.  

This thread is too long for what is almost certainly a total non-issue. Most conservatories fall under permitted development.  You're not in a listed building which almost the only way the LA can take enforcement action after years have passed.  It would be nice to know what the question was, but I don't believe it has any bearing on anything at all. 

It definitely isn't concealed development.  That's the guy who built a house behind a giant stack of hay bales.  This conservatory will
be perfectly visible.
 

Section62

jwalrus9 said:

Bendy_House you're right, there is no issue at present, but what if there is an issue going forward which could be very costly? Something structural that impacts on the integrity of the house or garage ...? Ok that's not to say that ticking yes would have made any difference, but the seller may then have had to acquire certain documentation or checks ...I don't know.

If there's something structural then that is what your survey is for.  The surveyor would see there was a conservatory and other alterations had been done. They may flag a risk if this work hasn't been done with the necessary consents.  If they haven't done so, then the liability may be with them rather than the vendor.

jwalrus9 said:

I did wonder why someone would tick no, thinking perhaps people do this to avoid something or to hide something...hoping to draw on experience from people on here. I've only had responses to say "he forgot or didn't know".

You've also had "honest mistake".  You've suggested you discount that possibility, but it doesn't mean it isn't the real reason.

If you get to court, expect the potential for the defendant's barrister to argue this is a mistake anyone could make, and in this case it had no consequences because you didn't see it before purchasing.

jwalrus9 said:

Fine, if no one can offer any explanation other than that, it is what it is. I choose not to believe that because it is not believable IMO. 

Up to you what you believe of course.  Some people in the legal profession might say it is not believable that you and your solicitor together didn't spot the discrepancy between the answers given and the material facts, before proceeding with this purchase.  It is conventional for buyers to be strongly encouraged to read the information given on a TA6 and to revert to their conveyancer with any queries.  Not everyone does of course, but if a court is asked to make a judgement based on credibility, the result may go either way based on what they hear and believe.

RAS

You may not be about to cross the Sahara, or the Canadian Arctic in winter but house renovation and re-modelling requires stamina.

You need to learn to manage your sweat. Only expend it on stuff that matters and only expend it when you have thoroughly worked out your strategy to achieve you goal.

You can't afford to dive off the deep end without even researching the problem first. You knew there was a conservatory and didn't notice that he's marked the form saying there was no extension? You don't know if it was built before the house was last bought.

And you mad about it. Why? You are just wasting energy which would be much better used checking permitted development rules and building regulations. And confirming all the important things that any supplier/trade you use needs to know, like waste pipe runs.

Yes, $!!!!!! happens, but there's no point in expending a lot of energy if there is nothing you can do to change it.