Vendor lied on property form about flooding three months after buying my house has flooded

Cazzy1964

Well he will either get a company in for advice for more defense systems and ask the court if they will make her pay for this or if he really doesn’t want to live there sell it and ask her to pay for the shortfall 
I don’t want to even think about the mortgage part 
He’s already got the mortgage so I can’t see that being a problem 

Cazzy1964

RAS said:

So now you need to know the date of the floods.

RAS said:

So now you need to know the date of the floods.

We already know the dates .. the next door neighbour kept a log 

lincroft1710

Cazzy1964 said:

He’s already got the mortgage so I can’t see that being a problem 

He should check his mortgage terms and conditions very carefully. If the lender finds out the property is worth less than the amount of the loan then they may have the right to call in the mortgage.

Section62

Cazzy1964 said:

Thanks everyone, he’s gathering all the information. If he can get hold of the property form and instruct a solicitor to apply for access to the documents and email connected to the sale from their solicitor then that’s what he will do. Cost will be approximately £1500 initially.If there’s any mention of the house flooding in any correspondence then the solicitor will be able to build a case. 

BiB1 - What makes him think he would be able to "apply for access" to these documents?

BiB2 - Your son needs to have a case to start with.  If there's a solicitor giving him this advice then he ought to seek a second opinion, otherwise he could spend a lot of money with no result.

silvercar

lincroft1710 said:

Cazzy1964 said:

He’s already got the mortgage so I can’t see that being a problem 

He should check his mortgage terms and conditions very carefully. If the lender finds out the property is worth less than the amount of the loan then they may have the right to call in the mortgage.

This isn't true. Lenders don't do mid term valuations. 

silvercar

Just because the previous vendor told your son that the property has flooded, doesn't mean that they proved it had flooded to the recent vendor in a way that convinced them it was true and they should include it on their PIFs.

If you buy at auction chances are you have next to no contact with the vendor. Being aware of future sales problems, if I bought at auction and then met someone who claimed to be the vendor, who started telling me a story about flooding, I'm not sure I would be listening.

lincroft1710

silvercar said:

lincroft1710 said:

Cazzy1964 said:

He’s already got the mortgage so I can’t see that being a problem 

He should check his mortgage terms and conditions very carefully. If the lender finds out the property is worth less than the amount of the loan then they may have the right to call in the mortgage.

This isn't true. Lenders don't do mid term valuations. 

I agree that lenders would not normally revisit a loan, but if it came to their attention that the value of the property had significantly fallen due to circumstances other than normal house price movement, they may want to reconsider.


The other point to consider is that the OP's son may now be in negative equity. 

Cazzy1964

silvercar said:

Just because the previous vendor told your son that the property has flooded, doesn't mean that they proved it had flooded to the recent vendor in a way that convinced them it was true and they should include it on their PIFs.

If you buy at auction chances are you have next to no contact with the vendor. Being aware of future sales problems, if I bought at auction and then met someone who claimed to be the vendor, who started telling me a story about flooding, I'm not sure I would be listening.

This is why we’re getting the property information form from the auction 

Cazzy1964

lincroft1710 said:

silvercar said:

lincroft1710 said:

Cazzy1964 said:

He’s already got the mortgage so I can’t see that being a problem 

He should check his mortgage terms and conditions very carefully. If the lender finds out the property is worth less than the amount of the loan then they may have the right to call in the mortgage.

This isn't true. Lenders don't do mid term valuations. 

I agree that lenders would not normally revisit a loan, but if it came to their attention that the value of the property had significantly fallen due to circumstances other than normal house price movement, they may want to reconsider.


The other point to consider is that the OP's son may now be in negative equity. 

They would only know that if he sold it surely .. 

silvercar

Cazzy1964 said:

silvercar said:

Just because the previous vendor told your son that the property has flooded, doesn't mean that they proved it had flooded to the recent vendor in a way that convinced them it was true and they should include it on their PIFs.

If you buy at auction chances are you have next to no contact with the vendor. Being aware of future sales problems, if I bought at auction and then met someone who claimed to be the vendor, who started telling me a story about flooding, I'm not sure I would be listening.

This is why we’re letting the property information form from the auction 

If you get it and if it says the property has flooded (rather than rely on your own searches) is it admissable in court, as it wasn't completed for your benefit.

The vendor's defence would be that you should have had a survey and also an environmental search. One or other should have pointed out the risk of flooding. So if you knew there was a risk of flooding, and had viewed the property so seen the flood defences, you should have factored that in to your decision making.

Given you were unaware of the flooding risk, surely the insurer will be meeting the costs?