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  • FIRST POST
    • lon_85
    • By lon_85 14th Jun 19, 10:14 AM
    • 27Posts
    • 9Thanks
    lon_85
    pulling out of house purchase due to Japanese knotweed
    • #1
    • 14th Jun 19, 10:14 AM
    pulling out of house purchase due to Japanese knotweed 14th Jun 19 at 10:14 AM
    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
Page 1
    • danlewi2
    • By danlewi2 14th Jun 19, 10:19 AM
    • 168 Posts
    • 180 Thanks
    danlewi2
    • #2
    • 14th Jun 19, 10:19 AM
    • #2
    • 14th Jun 19, 10:19 AM
    how was it identified?
    • chunkytfg
    • By chunkytfg 14th Jun 19, 10:21 AM
    • 773 Posts
    • 820 Thanks
    chunkytfg
    • #3
    • 14th Jun 19, 10:21 AM
    • #3
    • 14th Jun 19, 10:21 AM
    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
    • By Exodi 14th Jun 19, 10:35 AM
    • 856 Posts
    • 1,081 Thanks
    Exodi
    • #4
    • 14th Jun 19, 10:35 AM
    • #4
    • 14th Jun 19, 10:35 AM
    Did the JK not come up in the survey then? How did you find out?

    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
    Originally posted by chunkytfg
    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
    • By daveyjp 14th Jun 19, 10:51 AM
    • 8,368 Posts
    • 6,977 Thanks
    daveyjp
    • #5
    • 14th Jun 19, 10:51 AM
    • #5
    • 14th Jun 19, 10:51 AM
    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
    • By Mobile hell 14th Jun 19, 10:58 AM
    • 12 Posts
    • 5 Thanks
    Mobile hell
    • #6
    • 14th Jun 19, 10:58 AM
    • #6
    • 14th Jun 19, 10:58 AM
    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
    • By Mojisola 14th Jun 19, 11:03 AM
    • 31,553 Posts
    • 80,895 Thanks
    Mojisola
    • #7
    • 14th Jun 19, 11:03 AM
    • #7
    • 14th Jun 19, 11:03 AM
    Building society surveyor should have picked it up
    Originally posted by Mobile hell
    That depends on the time of year the survey was done.
    • eddddy
    • By eddddy 14th Jun 19, 11:51 AM
    • 8,537 Posts
    • 8,824 Thanks
    eddddy
    • #8
    • 14th Jun 19, 11:51 AM
    • #8
    • 14th Jun 19, 11:51 AM
    Unless you asked the EA the specific question about it and they lied then no you'll have to pay.
    Originally posted by chunkytfg
    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
    Last edited by eddddy; 14-06-2019 at 11:54 AM.
    • Exodi
    • By Exodi 14th Jun 19, 11:55 AM
    • 856 Posts
    • 1,081 Thanks
    Exodi
    • #9
    • 14th Jun 19, 11:55 AM
    • #9
    • 14th Jun 19, 11:55 AM
    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.
    Originally posted by Mobile hell
    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
    • By Mobile hell 14th Jun 19, 12:05 PM
    • 12 Posts
    • 5 Thanks
    Mobile hell
    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?
    Originally posted by Exodi
    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
    • By csgohan4 14th Jun 19, 12:12 PM
    • 6,505 Posts
    • 4,392 Thanks
    csgohan4
    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...
    Originally posted by eddddy
    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"
    • M_Python
    • By M_Python 14th Jun 19, 12:13 PM
    • 102 Posts
    • 252 Thanks
    M_Python
    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.
    Originally posted by Mobile hell
    Depending on the time of year as Mojisola correctly points out!
    • M_Python
    • By M_Python 14th Jun 19, 12:16 PM
    • 102 Posts
    • 252 Thanks
    M_Python
    By the way OP, it's not helpful to have two identical threads running at the same time!
    • Surrey_EA
    • By Surrey_EA 14th Jun 19, 12:33 PM
    • 1,847 Posts
    • 2,576 Thanks
    Surrey_EA
    the estate agents did not mention this to me in past 3 months
    Originally posted by lon_85
    Are you aware the EA was aware of the previous existence of JK?

    If they were aware they should have disclosed it to you. If they weren't, well it's pretty difficult to disclose something of which you have no knowledge.

    Recently had an offer on a flat accepted and going through the paperwork- it has come to light through the searches that the property previously had japanese knotweed in 2015 and has since been eradicated- certificate provided shows that it has been removed and warranty states until 2026
    Originally posted by lon_85
    I really wouldn't let it worry me if there's a treatment plan with insurance backed guarantee.
    • Marvel1
    • By Marvel1 14th Jun 19, 12:36 PM
    • 4,412 Posts
    • 4,965 Thanks
    Marvel1
    You should be able to get redress from your surveyor for not finding it, its big enough!
    Originally posted by Mobile hell
    Not really still early and the seller could have removed it.

    How much of it is there? I treated mine easily last year with https://www.amazon.co.uk/Scotts-Miracle-Gro-Roundup-Concentrate-Weedkiller/dp/B001DYQ286/ref=sr_1_7?crid=3EW80AVF39XUT&keywords=tree+stump+ killer&qid=1560515937&s=gateway&sprefix=tree+stum% 2Caps%2C147&sr=8-7

    Nothing this year.
    Last edited by Marvel1; 14-06-2019 at 12:39 PM.
    • Surrey_EA
    • By Surrey_EA 14th Jun 19, 12:40 PM
    • 1,847 Posts
    • 2,576 Thanks
    Surrey_EA
    You should be able to get redress from your surveyor for not finding it,
    Originally posted by Mobile hell
    A previous post from the OP says the knotweed has been treated, following its discovery in 2015.
    • AnotherJoe
    • By AnotherJoe 14th Jun 19, 1:26 PM
    • 15,967 Posts
    • 19,173 Thanks
    AnotherJoe
    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?
    Originally posted by Exodi

    I agree, simply cover the garden with the survey which will smother the knotweed. Its tough, but not THAT tough.
    Please dont criticise my spelling. It's excellent. Its my typing that's bad.
    • lon_85
    • By lon_85 14th Jun 19, 3:56 PM
    • 27 Posts
    • 9 Thanks
    lon_85
    Hi Guys - sorry just realized I had another thread on this!

    I found out from the warranty certificate provided in the documents for the property

    My home buyers surveyor did not pick this up because there is a treatment plan in place - warranty is until 2026

    I'm just worried about future value of the house if i decide to sell

    I'm not sure if the EA knew about the jk or not - the owner put "no" in the TA6 form and when questioned said they didnt realize hmmm

    The jk is in the boundary between the grounds of the flats and the residence next door

    I spoke to the company dealing with the treatment and they said they have returned each year to do treatment in the summer

    The costs seem to have been paid until 2026 but after that time im not sure
    • Mojisola
    • By Mojisola 14th Jun 19, 4:36 PM
    • 31,553 Posts
    • 80,895 Thanks
    Mojisola
    My home buyers surveyor did not pick this up because there is a treatment plan in place - warranty is until 2026

    I spoke to the company dealing with the treatment and they said they have returned each year to do treatment in the summer

    The costs seem to have been paid until 2026 but after that time im not sure
    Originally posted by lon_85
    If they haven't cleared the problem by 2026, they aren't trying - unless it's coming in from next door and they are just beating it back to the boundary each time they treat it.
    • lon_85
    • By lon_85 15th Jun 19, 7:12 AM
    • 27 Posts
    • 9 Thanks
    lon_85
    Yep - the jk is on both sides of the boundary wall - so neighbouring property also has some from the photographs provided- the initial email from the control management co. Says it will be eradicated by 2016 and then post treatment monitoring but we are now 2019 and they are still treating so I'm thinking this will be a risk for me in the future in terms of selling and post 2026 treatment costs
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