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Disclosure after SPIF form submitted

MrDazzle
MrDazzle Posts: 4 Newbie
in House buying, renting & selling
Should our sellers have disclosed a neighbours planning application submitted after they completed the Sellers Property Information Form?

It would appear the application was made after the SPIF form was submitted but before completion, can't seem to find much information regarding this online as to whether they were required to disclose or if it is classed as misrepresentation?

TIA
«1

Comments

  • System
    System Posts: 178,092 Community Admin
    Photogenic Name Dropper First Post
    you can only know what you know at the time of filling out the form, you couldn't possibly know that a planning application would be submitted after the paperwork is filled out, there is no way you could describe that as misrepresentation.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    edited 17 April 2018 at 5:02PM
    The instructions to the PIF 3rd Edition here, say:
    If you later become aware of any information which would alter any replies you have given, you must inform your solicitor immediately. This is as important as giving the right answers in the first place........
  • eddddy
    eddddy Posts: 16,405 Forumite
    First Anniversary First Post Name Dropper
    MrDazzle wrote: »
    Should our sellers have disclosed a neighbours planning application submitted after they completed the Sellers Property Information Form?

    The SPIF doesn't ask about neighbours' planning applications.

    To find out about nearby planning applications, you could either have paid for a 'Planning Search' or done your own online search of applications, through the local planning authorities website.
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    Is there any reason to believe that they were aware of the application?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    eddddy wrote: »
    The SPIF doesn't ask about neighbours' planning applications.

    Questions 3.1 and 3.2 would appear to cover it.
  • eddddy
    eddddy Posts: 16,405 Forumite
    First Anniversary First Post Name Dropper
    davidmcn wrote: »
    Questions 3.1 and 3.2 would appear to cover it.

    Oh yes!!!!!
  • System
    System Posts: 178,092 Community Admin
    Photogenic Name Dropper First Post
    there is still nothing which would suggest the neighbours became aware of the planning application in time to give notice to their solicitors
  • MrDazzle
    MrDazzle Posts: 4 Newbie
    The local authority sent out notification letters, the dates suggest it came later than the form so I assume they would have known.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    MrDazzle wrote: »
    The local authority sent out notification letters, the dates suggest it came later than the form so I assume they would have known.
    Before exchange? You only mentioned completion in the OP. Not much you could have done about it if it were after exchange.
  • MrDazzle
    MrDazzle Posts: 4 Newbie
    Before exchange
This discussion has been closed.
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