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Recouping loss of legal costs in house purchase

(3 Posts)
PookieSnackenberger Wed 14-Feb-18 11:26:42

I had an offer on a flat that needed total refurbishment. It was in poor condition and priced accordingly. At the time that I viewed (twice) Japanese Knotweed was identified on the property but I was never told by the agent or the vendor. On the second viewing some men arrived to gain access to a fence that I now realise was the root barrier fence!

I then went on to pay for a survey, pay for searches and I am liable for 60% of total legal costs. If the seller had notified I could have made the decision to walk away without incurring these costs. The property is not mortgageable in it's current form and is unlikely to ever get a mortgage as the JK is within 7m of the property. All signs of knotweed had been removed when the survey took place. My solicitor picked it up but the vendor has been evasive at best.

Where do I stand? I have read that the estate agent has a duty of care to inform of any circumstance that has a material impact on the value/saleability of a property. Anyone know or have an opinion on this?

Angrybird345 Wed 14-Feb-18 18:58:31

Have you got any evidence that the estate agents withheld the knotweed information from you? Had you received the forms from vendors about declaration of things?

PookieSnackenberger Wed 14-Feb-18 19:08:40

I viewed in Sept/Oct and the declaration forms were signed earlier but sent to my Solicitor in Dec. I'm pretty certain that they knew (I know the seller knew as they were contacted by the freeholder) as treatment was taking place around the date of the second viewing.

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