SPIF - Sellers Property Information Form - lied to us, compensastion, help.

Becks045

We purchased a property last year and to cut a long story short we are now losing light into our property, privacy and our sea view as a 5 storey block of flats with 200 flats is going up opposite us! How lovely!

Nothing came up on the local searches, although I've since learnt that these sorts of developments wouldn't, you have to make seperate enquiries. Let that be a lesson! Please, please if you are buying a house and you suspect any kind of development near you, check it out, the local search is a waste of time and only provides you info on the property you are buying.

However on the SPIF the seller ticked no to receiving any communications from the local council and no to anything that they know of that would effect the property.
I've since discovered that the council wrote to them on numerous occasions, there were ads in the local newspapers, signs on the lamposts in the street and they attended a meeting objecting it (according to other neighbours).

I've written to them on 3 occassions now (all recorded delivery) informing them they are in breach of the SPIF which is a legally binding document and that I require compensastion and will take the matter to court. They responded two months ago saying they were seeking legal advice. I've written again and they have said they won't respond until they have legal advice. I suspect they are doing nothing and hope I go away.

Does anyone have any experience in this? Shall I just get a solicitor (although means me paying more money out) to send them a letter or does anyone know how I can progress this? Any advice would be welcome.

Thanks.

jimc_2

Keep at it.

There are other threads here quoting MASSIVE compensation for knowingly supplying incorrect/false Information Pack statements.

I'm puzzled though why the solicitors didn't find it in the searches. You say the developers had already applied for planning permission so there are documents in existence they should have picked up on. If the council informed the previous occupant of a planning application there's a record somewhere.

Try asking the solicitor why they didn't pick up on it (or it the solicitors who told you it only shows up on 'a different type of search'?)

Becks045

I've already registered an official complaint aganist my solicitor and the firm basically told me they accept no responsibility so I took it futher to the Law Society but have drawn a blank as they don't think he has done anything wrong.

A local search only tells you about anything to do with the property you are buying. However I was under the impression that if a supermarket, new houses, motorway was going to be built opposite you, that would come up but it doesn't. Seems pointless to me to bother getting a local search, very misleading as the word local implies it searched the local/immediate area!

jimc_2

Thinking about this a little more, have you tried to talk to your local Citizen's Advice Bureau about this? If you can get through to them (They are massively overloaded these days) they normally have a Pro Bono (working for free/public interest) trainee lawyer attached. They may be able to at least tell you where to look for redress and if the solicitor has been remiss. At least that will save you spending money in the wrong direction.

jimc_2

I just don't get that part about not showing on searches. When we bought we were told about plans for a bypass a mile away (which actually helped reduce through traffic but wasn't built for another 20 years!)

olibrofiz

What a headache for you. I've no advice but can sympathise, my sellers lied on the SPIF too - found out after I bought my last house there was planning permission to build a 3 storey block of 9 flats. Only found out cos he wanted to change it to 10 flats. Objected to that, and the next application, and the next. Never thought to get compo.

Hope it works out for you. Thanks for the advice, I'll remember about the searches if I move again.

Becks045

jimc wrote: »

I just don't get that part about not showing on searches. When we bought we were told about plans for a bypass a mile away (which actually helped reduce through traffic but wasn't built for another 20 years!)

JIMC, you may have had a solicitor that was on the ball, for example if they had heard there were plans for a bypass they may have requested additional info to see if it effected you but its down to either you as the individual to ask specific questions.

The local council forms for local authority searches which of course you don't get to see as your solicitor completes for you, indicates that they only search outside of your property in respect of sewers/drains which basically tells you that you are linked up to the main sewers.

Whilst I'm annoyed with the solicitor, having gone through the law society theres not much I can do but having the sellers lie so openly is terrible. I guess thats why they were moving!

I guess its going to take a long time but hopefully we'll get something back. It upsets me so much I can't stand the property any more!

dubsey

I'm sorry you've had to have this hassle. We had heard of a potential road being built behind a house we were looking at buying, but had we not asked our solicitor to look into it, I don't think it would have come up.

On the up side, years ago my sister bought her first house and on moving day noticed that the vendor had changed all the internal doors. The downstairs had really nice glass types and upstairs had really nice georgian types. They had been removed and replaced with the original 70's style plain doors. When she viewed she specifically asked about the doors because when her OH looked in the loft the originals were in there. The vendor told her the nice ones would remain. This was written on the SPIF so she contacted her solicitor and after a bit of a drawn out process she did receive compensation. Seems petty now for doors but to have your view completely wrecked would not only impact on your life but I would have thought would lose some value in the property too?