Selling up, do we have to mention neighbour trouble?

zoebeth

LandyAndy wrote: »

Did the previous owners lie when asked if they had disputes with the neighbours?

Not too sure, I think we moved in around the same time but sometimes I wonder.

tbs624

Lynne - you’re in a dreadful situation, and I think most MSE-ers would really sympathise, but my understanding is that if you fail to disclose something to the buyer that you should have mentioned it could prove very expensive: you could face a subsequent legal action by the purchaser for misrepresentation and/or breach of contract which could cost you thousands. This would include what a court decided was the difference between the reduced value in the property (if potential buyers had known about the problem) and the actual purchase price paid, plus legal costs for both you and the other party.

The Sellers Property Information Form does form part of the contract between the buyer and seller so you have to answer the questions truthfully, especially when there is evidence of a dispute in the form of a record of the Noise Abatement Notice being served.

A couple of example legal cases for you:
McMeekin v Long (2003) the sellers didn’t declare a dispute about parking arrangements, rubbish dumping etc and the buyer took legal action claiming damages for fraudulent misrepresentation. It cost the sellers £60,000 including legal costs
Morris v Jones (2002) Undeclared damp problems landed the seller with a bill for legal damages plus costs, for fraudulent misrepresentation.

tbs624

Sorry, I meant Zoebeth at start of post, not Lynne - also posting elsewhere tonight and got folk’s names crossed

neverdespairgirl

zoebeth wrote: »

We eventually got a noise abatement notice served which made no difference. The police have proved to be useless and chat to him on first name terms.

Legally what do we have to tell the estate agents and prospective buyers?

You don't have to tell prospective buyers anything, but when someone comes to actually buy it, you'll have to declare it. And they might well pull out at that stage.

If you don't declare it, you may well be sued for fraudulent misrepresentation.

mrstinchcombe

zoebeth wrote: »

We eventually got a noise abatement notice served which made no difference. The police have proved to be useless and chat to him on first name terms.

This is not a Police matter so quite why have you chosen to call them useless god only knows.

zoebeth

mrstinchcombe wrote: »

This is not a Police matter so quite why have you chosen to call them useless god only knows.

Urinating in our only access to our property, smashing two of his own windows to gain entrance to his property, people hammering on our door screaming abuse.... maybe if you'd known all the facts you wouldn't have been so quick to judge.

zoebeth

Thank you for the sensible advice, much appreciated.

It's just a shame that some people can't be constructive with their comments.

mrstinchcombe

zoebeth wrote: »

It's just a shame that some people can't be constructive with their comments.

Maybe if you provided all the information in the first place...

"The police have proved to be useless" was hardly constructive

zoebeth wrote: »

Urinating in our only access to our property, smashing two of his own windows to gain entrance to his property, people hammering on our door screaming abuse.... maybe if you'd known all the facts you wouldn't have been so quick to judge.

And you still haven't actually disclosed an offence!

zoebeth

Granted I didn't give all of the facts but the first post would have turned into War & Peace and I only wanted advice on part of my situation.

May your neighbours always be quiet, friendly and obliging!

country_sport

I have only been on this forum a few weeks, looking through this post and others i have quickly come the conclusion many are just looking for an argument.