Have I been mis sold?

Smodlet · 11 August 2018 at 2:09PM

Doozergirl wrote: »

There's no need scaremonger, please. It's perfectly feasible that the problem is only with the slab.

My intention was not to "scaremonger", merely to cover all bases. Were this my property, I would prefer to get to the root of the problem (pun intended) rather than laminate over the cracks/bulges by playing everything down.

I am sure we all hope for the OP's sake that this is a relatively minor problem which can be fixed easily and inexpensively. If, however, this issue is caused by some major defect, the vendors must have known about it as evinced by their apparently effective attempts to hide it, so I would have thought some kind of legal redress might be possible.

lincroft1710 · 11 August 2018 at 2:10PM

Doozergirl wrote: »

I'd be interested to know what the problem is, exactly, but unless you asked specifically and the vendors denied a problem with the flooring, then I don't see what you can sue them for. Houses are not perfect and there is no law that says they have to be sold as such.

You had a survey to look for defects, the surveyor told you they didn't check the floors. So no one checked the floors. If no one asked about the floors, then caveat emptor applies, surely.

I agree with Doozergirl, the vendors appear not to have done anything for which you can sue them.

Doozergirl · 11 August 2018 at 2:33PM

belvalpat wrote: »

The problem with the floor was discovered the day I moved in to the property. Why would I ask a specific question about a problem floor before then? When I viewed the property the rug was in place.

When the survey was done it was not noted. The surveyor told me after his inspection and when I challenged him about it that they do not lift rugs, carpets or furniture.

I agree but is that a question we should all ask?

Call it what you will floor/flooring. I!!!8217;m sorry if you missed - !!!8220; The flooring - concrete base covered with laminated boards - in the dining room is bulging upward in an area that was not seen because it was covered with a rug.

A rug did hide a bulge in the floor levels and the screws left by their failed attempt to correct it.
The rug and strategically placed furniture nearby prevented walking near to the area was the reason it was not felt underfoot.

I edited my post to indicate that we were writing at the same time, hence I had not seen what the problem might be until after I posted. I'm telling you what the correct names might be so that if you do write to anyone else, it isn't confusing like it was for some of us. Flooring would usually refer to the covering, hence comments about expansion etc.

You did not ask about the flooring. Is it reasonable, therefore, to assume that the vendors did not lie about the flooring on paper? The only way you are going to get any redress is if you asked about the floor in some way and they denied any issue.

Otherwise it was for you and your surveyor to find any issues. It's usually written into the surveyors report that they don't move furniture or lift floor coverings - it's general practice. I'm surprised it's not there somewhere - what kind of survey was it?

Most of us of find things that we weren't expecting. Sometimes immediately, sometimes further down the line but it doesn't make the vendor responsible if we don't find them before sale.

Smodlet · 11 August 2018 at 2:33PM

You make a good point, Sunny Intervals. They could, of course, know exactly what the cause is but claim ignorance. Not a mentality I understand myself but forewarned is forearmed. I will take this on board.

System · 11 August 2018 at 2:44PM

Thank you for your response and the valuable advice. Apologies for the delay but I logged out and found it difficult to navigate back here.
I know exactly what you mean when you say I have far more evidence. I do have photos – albeit taken looking down on the problem which do not show the bulging.
When I found this problem my first call was to the surveyor. He came back with.…..don’t lift rugs or move furniture…..but I insisted and they sent someone else – from the same company - to re-inspect. But they reported the same and in the final letter to me said if I do not agree with their decision then it is deadlock. I want this matter to be approached in the correct fashion and I have no knowledge of this sort of thing. This is my first house purchase as my previous home was my husbands (now deceased) and I needed to downsize.
I began seeking advice to find out if I have a case and who against – the vendor or the surveyor. The solicitor who handled the purchase did not want to know as they did not instruct the surveyor. I do not want to venture into the unknown without all the relative details but to get quotes is not so easy. Of the professionals who have come to the house to inspect they want money up front to investigate to find what the problem is. (I expect to pay – nothing is for free) But to do this means digging up the flooring. This will destroy all evidence that the sellers left behind. I want someone to come to the house to see it as is and perhaps take photos and give me a report and the cost of making good. I have not found anyone – and I’ve spoken to many – who will undertake this. One will come and look and half guess, another will be willing to dig but would not know how to repair it and so it has gone on. There is not one profession out there who can take this problem on. I need to be careful as I am a woman on my own.
I will have to pay money but before that I want to know if I have a case and against who?

lincroft1710 · 11 August 2018 at 2:50PM

You may not have a case against anybody

Doozergirl · 11 August 2018 at 2:59PM

lincroft1710 wrote: »

You may not have a case against anybody

And you still don't know what's wrong.

I'd get my structural engineer in to look at it. (that said, we had a bulge in the middle of the lounge in our old house and did nothing, but if you're bothered by it then that's the professional you need).

need_an_answer · 11 August 2018 at 3:04PM

Open question to the forum...

Is it something that the OP may be able to get investigated as part of her home insurance/buildings cover,assuming she has a policy that covers all.

If it manifested over a long period of time but she only became aware of it after she took out insurance and moved in I'm wondering if she may be able to investigate that route?

I don't know if its something that they might even be able to advise on or not so its just a thought which hopefully someone may be able to confirm if it could be an avenue to explore.

System · 11 August 2018 at 3:15PM

Today was my first visit to the forum and it will sadly be my last. I send my thanks to most of the well meaning members who responded – I am truly grateful for giving me things to consider. Some however were disappointing and I found hurtful.
So to the writer of:
…..internet aware enough to find this site and post here but you can’t google how to go to the small claims court? Did you not ask your solicitor when they suggested it? Why do you feel you need specific advice because you are elderly……..
I say:in future read the full details before you respond. You too may need help and assistance in the future as you arrive to your old age. Yes – its in the post for us all – there is no getting away from it.

Smodlet · 11 August 2018 at 4:18PM

belvalpat wrote: »

Today was my first visit to the forum and it will sadly be my last. I send my thanks to most of the well meaning members who responded – I am truly grateful for giving me things to consider. Some however were disappointing and I found hurtful.
So to the writer of:
…..internet aware enough to find this site and post here but you can’t google how to go to the small claims court? Did you not ask your solicitor when they suggested it? Why do you feel you need specific advice because you are elderly……..
I say:in future read the full details before you respond. You too may need help and assistance in the future as you arrive to your old age. Yes – its in the post for us all – there is no getting away from it.

I have felt like that and, I'm sure, have made other posters feel like that but, if you are going to venture into the uncharted waters of internet forums, you need either to grow a thick skin or abandon a whole host of helpful advice. There are, of course, Google/other search engines but I know of no site to where you can upload photos of your building problem and receive impartial advice for free.

I suggest, if you are still reading as you were still online when I began this, that you ask around family/friends for a reputable builder and/or structural engineer. No-one can know for sure what the cause of the problem is without, I suspect, digging up the floor but certainly many photos and, indeed, videos could be taken before this is done if not by you, by someone else. I would suggest a spirit level placed on the bulge might be a start; perhaps a marble rolled down each side of it... You get my drift? HTH. (Hope this helps)

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Have I been mis sold?

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