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Do I need to declare...

7 replies

Icelollycraving · 04/09/2013 13:24

that the building has had an infestation of cockroaches?
We are selling, I have disclosed problems with neighbours but haven't disclosed this. Our flat hasn't had the exterminators in but others have. This was arranged through management agents of the entire building.
I know my solicitor has had contact with them generally,would they tell the buyer? We have recently spotted some cockroaches (yuk!) & have put down bait etc.
I don't want to end up sued,but if I don't have to tell them I won't. Obvs I want to do the right thing but not lose my buyer.
Would really appreciate advice.

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Selks · 04/09/2013 14:21

Sorry that's pretty gross that you'd consider selling a building that has a hidden cockroach problem. Just get the exterminators in for heavens sake. How would you feel if it was you buying the flat?

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Icelollycraving · 04/09/2013 14:45

I know it's grim. We've been told by an exterminator that unless each flat is done then it won't actually work. That is the problem,about 4 flats in 20 had the problem & from my understanding they were treated via an exterminator booked through the managing agents, The problem went away but clearly not fully. They have set up little bug traps to see the type of bugs in the building. I would happily pay for someone to treat our flat but do I disclose it & if its pointless what should I do?

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Icelollycraving · 04/09/2013 14:46

I know it's grim. We've been told by an exterminator that unless each flat is done then it won't actually work. That is the problem,about 4 flats in 20 had the problem & from my understanding they were treated via an exterminator booked through the managing agents, The problem went away but clearly not fully. They have set up little bug traps to see the type of bugs in the building. I would happily pay for someone to treat our flat but do I disclose it & if its pointless what should I do?

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Leopoldina · 04/09/2013 14:48

you should tell your solicitor and they will be able to answer the pre contract enquiries correctly. While there's unlikely to be a direct "are there any insect infestation issues" question, if the buyer's solicitors are awake, there will be something which is a general sweep up that it may fall under depending on whether they ask about the building or the flat.

Selks' position is quite utopian, there wouldn't be a property sale in Manhattan if that was the general standpoint. If you do have to disclose, then get the exterminators into your flat and provide guarantees. How many flats in the building are there and how many are affected?

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Leopoldina · 04/09/2013 14:50

ah you replied. With your flat, that's at least a quarter of the building affected. The managing agents should on that basis probably treat the whole building.

the cost of previous infestation treatment will appear in the managing agent's statement of account so they may well clock it anyway actually if they scrutinise the accounts

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Icelollycraving · 04/09/2013 14:56

From my understanding the problem was originally in 4 flats out of 20. My neighbours are not exactly busy with the bleach but tbh cockroaches are in clean buildings too. They are just a nightmare to eradicate.
I have bought bait, traps etc but I suspect if there is a problem in a few flats, it will eventually penetrate all.
I really am not trying to deceive the buyer.

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Selks · 04/09/2013 23:19

OK sorry if my response was a bit harsh. You've clearly tried to do something about the problem. I do feel you've got a moral obligation to declare it, sadly. Hope you get the situation resolved ok, good luck.

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