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Misrepresentation of property

(5 Posts)
loveka Sun 09-Apr-17 20:24:00

I have just bought a house, which I only had a homebuyers survey on. A sale had just fallen through, they had had a full structural survey but it fell through because they decided not to move because their parents were unable to get a mortgage on a different property they were buying- so estate agent said.

Problems are

I asked if they had ever had any problems with noise. Vendor stated categorically no problems. First day we had neighbour banging on the wall complaining (we were only talking ) Apparently it has been a problem for 40 years, the sound proofing is terrible. Vendor had got an ASBO out on previous tenants next door.. On property questionarre vendor stated no problems. Next door neighbour said he had told the estate agent several times about the noise problem.

Vendor stated washing machine included in sale. Machine didn't work and was plugged in (outside) to an electrical socket which is a normal indoor one! Also, details said 'floodlit garden'. Again, lights don't work. We have had to spend 3k on electrical work generally. Electrician said even a full electrical survey would not have revealed most of this.

Asked vendor if there was any reason we couldn't have an open fire. He stated he chose not to have one, chimney was fine. He had actually paid a builder to pour concrete down the chimney only 6 months ago. Coincidentally the same builder came to give us a quote. I don't think this would have shown up on a survey.

I feel totally lied to by the vendor. Also I suspect the agent of lying about why it fell through. I know I should have had a full survey. But can anything be done?

Sorry it's so long! Thanks.

Palomb Sun 09-Apr-17 20:32:32

I'm not an expert and obviously you need to speak to a solicitor but why the fuck would you want a floodlit garden?

HarrietSchulenberg Sun 09-Apr-17 20:35:46

I am not a lawyer but I would have thought the only point you have recourse on is the noise/ASBO/dispute with neighbour issue.
Unless you have the vendor's assurances about the chimney, lights etc. in writing you have very little to go on.

loveka Sun 09-Apr-17 21:20:47

I think the floodlights would have been nice, they are set into the patio and on the walls. It's a courtyard garden, so would have been a bit Mediterranean. The electrician said it was a deathtrap when/If they did work!

prh47bridge Mon 10-Apr-17 00:19:45

You need proper legal advice. However, if the seller has made statements they know to be false that is fraudulent misrepresentation. From the information you have posted the neighbour issue and the chimney may fall into that category. In theory, if you can prove fraudulent misrepresentation, you can give the house back and get your money back but that is unlikely to be practical. More realistically you may be able to claim damages to cover the difference between the price you paid for the property and its actual value.

You need to consult your solicitor as soon as possible.

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