PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

pulling out of house purchase due to Japanese knotweed

lon_85
lon_85 Posts: 90 Forumite
Name Dropper First Anniversary First Post Combo Breaker
in House buying, renting & selling
Hi guys

Have a quick q - if we decide to not purchase a house due to finding out it has Japanese knotweed can we get any of our legal fees/survey costs back ? It was close to exchange that I have found this out - the estate agents did not mention this to me in past 3 months

Thanks
Uma
«134

Comments

  • danlewi2
    danlewi2 Posts: 186 Forumite
    First Anniversary First Post Combo Breaker
    how was it identified?
  • chunkytfg
    chunkytfg Posts: 844 Forumite
    First Anniversary First Post
    Unless you asked the EA the specific question about it and they lied then no you'll have to pay. Think of the money you'll have save din the long run though by not buying it and then having to treat it
    Those who risk nothing, Do nothing, achieve nothing, become nothing
    MFW #63 £0/£500
  • Exodi
    Exodi Posts: 2,862 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    Did the JK not come up in the survey then? How did you find out?
    chunkytfg wrote: »
    Unless you asked the EA the specific question about it and they lied then no you'll have to pay. Think of the money you'll have save din the long run though by not buying it and then having to treat it

    Whilst I can see your thought process, I empathise with the OP that he's been hoodwinked into wasting money.

    As you haven't exchanged contracts, there's really nothing you can do to reclaim your costs.

    Sadly, you can't expect estate agents to put "A gorgeous 3 bedroom semi-detached property with early signs of subsidence. Only a five minute walk from local lakes which explains the two recent insurance claims for flooding. Features a generously sized garden with budding tulips, japanese knotweed and a few rose bushes. Don't delay (as the property only has a short lease left)", as unfair as it is.
    Know what you don't
  • daveyjp
    daveyjp Posts: 12,517 Forumite
    First Post Name Dropper First Anniversary
    Knotweed isn't the earth ending plant it is made out to be.

    Whether to withdraw from a purchase depends very much on how extensive the outbreak is.
  • Mobile_hell
    Mobile_hell Posts: 12 Forumite
    Building society surveyor should have picked it up, husband was trying to sell and buyer couldn't get mortgage because Jk was within boundary, we had to agree to get exterminators in to start eradication process which satisfied building society. You should be able to get redress from your surveyor for not finding it, its big enough! And seller could be obliged to start a treatment schedule with eradication company.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
    Name Dropper First Post First Anniversary
    Mobile_hell wrote: »
    Building society surveyor should have picked it up

    That depends on the time of year the survey was done.
  • eddddy
    eddddy Posts: 16,431 Forumite
    First Anniversary First Post Name Dropper
    edited 14 June 2019 at 12:54PM
    chunkytfg wrote: »
    Unless you asked the EA the specific question about it and they lied then no you'll have to pay.

    That's not the case anymore.

    EAs now have a duty to disclose significant information at the 'earliest opportunity'.

    So if the EA knew about the Japanese Knotweed (or ought to have known about it), and didn't disclose it, The Property Ombudsman might tell the EA to pay compensation to the OP.


    Here's a quote from The Property Ombudsman...
    Whilst the Property Misdescription Act previously provided agents with the ability to withhold information unless specifically asked, the Act’s repeal and the enforcement of the CPRs means agents can no longer operate in this manner. If information is known which is clearly significant to any potential buyer, it should be disclosed at the earliest opportunity.

    Link: https://www.tpos.co.uk/news-media-and-press-releases/case-studies/item/cultivating-the-boundries
  • Exodi
    Exodi Posts: 2,862 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    Mobile_hell wrote: »
    Building society surveyor should have picked it up, husband was trying to sell and buyer couldn't get mortgage because Jk was within boundary, we had to agree to get exterminators in to start eradication process which satisfied building society. You should be able to get redress from your surveyor for not finding it, its big enough! And seller could be obliged to start a treatment schedule with eradication company.

    Have you ever read a survey? Mine had to be delivered by an articulated lorry because it had so many pages of caveats. As for your example of it being the lenders surveyor, why would the potential customer be entitled to claim for redress?

    There's also a plethora of reasons a surveyor may not have picked up on this, Mojisola points out one. What would be really useful to know would be how the OP came to find out about this?
    Know what you don't
  • Mobile_hell
    Mobile_hell Posts: 12 Forumite
    Exodi wrote: »
    Have you ever read a survey? Mine had to be delivered by an articulated lorry because it had so many pages of caveats. As for your example of it being the lenders surveyor, why would the potential customer be entitled to claim for redress?

    There's also a plethora of reasons a surveyor may not have picked up on this, Mojisola points out one. What would be really useful to know would be how the OP came to find out about this?
    I only know that as a surveyor I was held liable for anything I missed, which is why we have to pay for PI insurance. When you get a mortgage the mortgage company insists on a survey, which they organise and you pay for. If faults are found then the lender can insist on remedy before releasing or granting the mortgage. Its true that JK can be pulled up daily to hide the fact its there, it grows a foot a day so if surveyor didn't see it, someone hid it, or he didn't look.
  • csgohan4
    csgohan4 Posts: 10,587 Forumite
    First Anniversary First Post Name Dropper Photogenic
    eddddy wrote: »
    That's not the case anymore.

    EAs now have a duty to disclose significant information at the 'earliest opportunity'.

    So if the EA knew about the Japanese Knotweed (or ought to have known about it), and didn't disclose it, The Property Ombudsman might tell the EA to pay compensation to the OP.


    Here's a quote from The Property Ombudsman...

    Assuming the vendor gave the EA correct info in the first place. EA won't be able to know everything about the property and their info is only as good as what the vendor says.

    I too would have walked, because if it's the neighbors area, no guarantee that will be dealt with in a timely effective manner
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards