MMD: Should Jeremy and Kirsty come clean?

I would contact the buyers and discuss the new problem. They could then work out if they were covered by insurance and if not splt the cost of repairs between themselves. Better to keep on good terms.

I work as a Building Surveyor and my opinion is that cracks do not appear overnight. If a crack has become evident it will be as a result of a defect that has been in existance for a considerable amount of time. If the buyers had a survey done then their surveyor should have picked up the problem.

If the surveyor has been negligent in not noticing the defect then the buyers can sue him for damages (the cost of repairing the defect). However, a surveyor is only at liberty to carry out a reasonable inspection. If the level of inspection did not specify looking in the loft and that is where the defect was then he would not be responsible.

Simarly, if the seller deliberately decieved the surveyor by covering up a crack with plaster, then he is not liable.

This is getting off the point a little. They should definately not try to cover up the crack, as this is deception. Because they haven't exchanged contracts it is still their house, and their responsibility. I would tell the buyer and try to strike a deal over costs / tell them to sue their surveyor if he has been negligent.

I think all of you who say take the money and run are disgracefull. It is hard enough for 1st time buyers nowdays, being one myself, me and my partner struggle every month. We fell in love with our house, got the survey done and then within about 2 months, our front room ceiling fell in at 2:30am. it was cause by the previous owner not filling the bach before doing the sealant and so the shower had !!!!ed through. They had painted the ceiling with plasticote paint so there was no sign. We were left upset, and with a 5ft hole in our living room and no frontroom for over 7 months while we saved to sort it all. The insurance may pay for so much, but it doesnt pay to clean up and re paint etc!, Futhur more, we began to discover the wake of shoddy workmanship, chip board in place of plaster board on an exteriour wall, dodgey electrics which nearly killed my other half, a year on due to lack of cash, we still have to turn our heating on with a wooden spoon. Surveys arent worth the paper they are written on. I personally will never sell anything unsafe, i couldnt live with myself. I am all for making selling houses more difficult, and more strict rule being put in place. I am never intending to move, as I love my house, faults and all, and if i did, id make sure it was all ok. but the amount of upset and stress has been unbelievable. You should all be ashamed of yourselves. i just hope it comes back to bite you on the !!! some day 10 fold!:mad:

If they are three days away from completion contracts will have already been exchanged and it is the responsibility of the buyer to have arranged insurance. As such there is no reason not to come clean as the buyer is legally committed to complete and can claim off their insurance policy.