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non disclosed noisy neighbour, am i right in thinking their is some comeback?

(11 Posts)
LoveBeingAMummy Mon 17-Aug-09 11:14:24

Don't you have to disclose this sort of thing? If you do, and you don't whats the come back?

LIZS Mon 17-Aug-09 11:16:47

If you have made any approaches or been in dispute about it , to the neighbours or the council for example , then yes you do have to declare. Not sure what penalty may be for non disclosure, probably the purchaser would need to sue.

MrsWeasley Mon 17-Aug-09 11:17:02

Tricky one really as what is noisy to you might not be to another family.
Also if noise is at a certain time previous owners may have been out at that time.

It would be a tricky thing to prove but someone may have first hand knowledge.

CoffeeCrazedMama Mon 17-Aug-09 11:19:13

I think you are only obliged to disclose if there has been a formal complaint or anything else with a paper trail.( eg party wall dispute or letter to council)

theyoungvisiter Mon 17-Aug-09 11:20:29

I may be wrong but I thought that the legal problems only kicked in if you lied?

Eg if they ask the question and you say "no our neighbours are quiet" then you can be sued, or if you claim in the questionnaire that you have not been in dispute with them over noise when in fact you have.

But if they don't ask any questions and there is no formal dispute, I'm not sure if you are obliged to say? I don't know though, I'm not an expert.

Maybe a solicitor will come along who can clarify.

Tillyscoutsmum Mon 17-Aug-09 11:21:08

As LIZS said, is previous owners had any dispute with the neighbours - either directly with them or via council etc., then they should declare it as part of their pre contract enquiries during the sale. If they do not, then the new owners are able to sue for breach of contract.

It is difficult because the "damages" are difficult to quantify and there needs to have been a formal complaint with some kind of evidence to be able to pursue it.

Tillyscoutsmum Mon 17-Aug-09 11:22:59

theyoungvisiter is also right - Caveat Emptor (let the buyer beware) - you don't have to volunteer the information, but if a specific question is asked, then you have a legal obligation to answer truthfully. Pre contract enquiries are generally a standard document and will include the question about disputes with neighbours

LoveBeingAMummy Mon 17-Aug-09 11:25:24

He defo knew, when he came to pick up the mail (once only) he made a joke to Dh about it

LoveBeingAMummy Mon 17-Aug-09 11:25:47

Ps thanks for all the replies didn't expect so many so quickly

FuckOffDailyMail Mon 17-Aug-09 23:33:34

You only need to declare when you have had a dispute with a neighbour. You do not need to declare noisiness, as this is subjective - see here

LoveBeingAMummy Tue 18-Aug-09 08:55:41

Thanks fuckoff

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