Help - sellers lied to us

Mark_d

Not sure the previous owner/estate agents are obliged to tell you what the tenants did in the house, or why they were evicted.
If you're concerned about structural issues, these are things you/your surveyor should have investigated before buying the house.  Potentially you have a claim against your surveyor.

GrumpyDil

The problem you have is that sellers are only required to truthfully answer any questions and not lie. They have no obligation to volunteer additional information. So, unless you asked them was the property a cannabis farm and they said no you realistically have no come back.

Marleysmummy99

GrumpyDil said:

The problem you have is that sellers are only required to truthfully answer any questions and not lie. They have no obligation to volunteer additional information. So, unless you asked them was the property a cannabis farm and they said no you realistically have no come back.

Thank you that makes sense but is really unfair! I think the Estate agents omission is an issue - it is covered under the Consumer Protection from Unfair Trading Regs 2008

Mark_d

Marleysmummy99 said:

GrumpyDil said:

The problem you have is that sellers are only required to truthfully answer any questions and not lie. They have no obligation to volunteer additional information. So, unless you asked them was the property a cannabis farm and they said no you realistically have no come back.

Thank you that makes sense but is really unfair! I think the Estate agents omission is an issue - it is covered under the Consumer Protection from Unfair Trading Regs 2008

Not sure this is strictly true.  The Regulations you mention apply to traders.  Estate Agents are more like advertisers of the property.  They are not directly involved in your purchase transaction.

saajan_12

Marleysmummy99 said:

I need some advice please. We moved a week ago and have made the biggest mistake,  and I'm so incredibly upset. 

When meeting my new neighbour yesterday, she made me aware that in or around 2023 the property we just purchased was a cannabis farm. Neither the seller or the estate agent told us. The estate agents were aware as they were the ones that were letting it out at the time and then sold it to us. 
..

National Grid confirm the meter was changed and a new supply put in Nov 2023, after supply was disconnected.

The agent / LL may not have known - the tenants may have covered their tracks and made good any damage before leaving to avoid detection or being reported to the police. 

The elec contracts are usually direct between the tenant and supplier so again agent / LL may not know. Supply can be disconnected due to excessive non payment, not necessarily due to criminal behaviour. 

Marleysmummy99 said:

I contacted the local police yesterday but was told they can't give me any info due to GDPR. I've submitted a freedom of information request but it'll likely not succeed. 

I need evidence of the crime and that this house was a cannabis factory in order to take legal action against the seller and agent. I wouldn't have purchased this house if I had known.

National Grid confirm the meter was changed and a new supply put in Nov 2023, after supply was disconnected.

Difficulty is that the previous owners live in South Africa. I'm so upset by this. I don't know what else to do.

There's two parts to any legal claim: (1) liability and (2) damages. Even if we take it as fact that there was a cannabis farm there 2 years prior to the sale, you're still not half way to proving (1) let alone (2). So don't worry about claiming from South Africa, there's no claim to chase here either. 
(1) The seller doesn't have to volunteer information, they just have to be honest in response to actual questions. If you didn't ask then no liability. Who would ask - well people who are this bothered about historical use of a property. 
(1) The agent has to inform you about anything material they know that would deter most buyers from buying. The historical use of a property, when the property is made good and you're not buying with those tenants in situ wouldn't meet this criteria. They can't know that You wouldn't have bought, they have to go by the average buyer. 
(2) You have no damages, you already did the survey which was clean. 



Re what to do - take a deep breath, get a builder / carpenter in to calm any remaining concerns, and focus on enjoying your new home. Bad things can happen in the past and not affect the future. 

 

Marleysmummy99

The agents knew, there was a police raid. They were well aware. They were trying to sell the house at the time but the growers wouldn't anyone in and then it all kicked off with a police raid

Marleysmummy99

saajan_12 said:

Marleysmummy99 said:

I need some advice please. We moved a week ago and have made the biggest mistake,  and I'm so incredibly upset. 

When meeting my new neighbour yesterday, she made me aware that in or around 2023 the property we just purchased was a cannabis farm. Neither the seller or the estate agent told us. The estate agents were aware as they were the ones that were letting it out at the time and then sold it to us. 
..

National Grid confirm the meter was changed and a new supply put in Nov 2023, after supply was disconnected.

The agent / LL may not have known - the tenants may have covered their tracks and made good any damage before leaving to avoid detection or being reported to the police. 

The elec contracts are usually direct between the tenant and supplier so again agent / LL may not know. Supply can be disconnected due to excessive non payment, not necessarily due to criminal behaviour. 

Marleysmummy99 said:

I contacted the local police yesterday but was told they can't give me any info due to GDPR. I've submitted a freedom of information request but it'll likely not succeed. 

I need evidence of the crime and that this house was a cannabis factory in order to take legal action against the seller and agent. I wouldn't have purchased this house if I had known.

National Grid confirm the meter was changed and a new supply put in Nov 2023, after supply was disconnected.

Difficulty is that the previous owners live in South Africa. I'm so upset by this. I don't know what else to do.

There's two parts to any legal claim: (1) liability and (2) damages. Even if we take it as fact that there was a cannabis farm there 2 years prior to the sale, you're still not half way to proving (1) let alone (2). So don't worry about claiming from South Africa, there's no claim to chase here either. 
(1) The seller doesn't have to volunteer information, they just have to be honest in response to actual questions. If you didn't ask then no liability. Who would ask - well people who are this bothered about historical use of a property. 
(1) The agent has to inform you about anything material they know that would deter most buyers from buying. The historical use of a property, when the property is made good and you're not buying with those tenants in situ wouldn't meet this criteria. They can't know that You wouldn't have bought, they have to go by the average buyer. 
(2) You have no damages, you already did the survey which was clean. 



Re what to do - take a deep breath, get a builder / carpenter in to calm any remaining concerns, and focus on enjoying your new home. Bad things can happen in the past and not affect the future. 

 

Aww thank you. I really needed to hear this today. Thank you for your helpful advice.

Smalltownhypocrite

The house we lived in for 15 years (just moving now) was previously a cannabis factory, still has patches on ceiling from vents and all the foil and stuff they left when it was raided is still in the attic.

It has caused zero issues to us raising our 3 kids here. Its a non issue.

theartfullodger

Don't think you catch anything from this history.  Most properties will have something disturbing in their history.  Humbly suggest living with it.

Best regards.

Skiddaw1

@Marleysmummy99 I'm with Saajan. I honestly don't think it'll cause any issues further down the line. After all, unless brand new, houses have pasts just like people do. If the survey didn't throw up anything alarming I doubt there's anything to worry about. Look at it this way- you'll be able to dine out on the Cannabis Factory story for years to come. 

Don't overly stress. It's your lovely house now. Enjoy it.