Do we have any recompense against former property owners?

[unsurebut]

Long story short - we bought a house six months ago and we've just been told that it's riddled with dry rot. At least part of the house will have to be demolished, possibly all of it. We're devastated, we love it here. We had a full survey done prior to purchase and there's no question that it should have been flagged then, so our insurers are speaking to them.

But it's also become clear that the previous owners knew about this and therefore sold the house in bad faith.

BUT, seeing as we bought the house sold as seen, does that rule out any recompense against them?

The owners are not experts that's why you have surveys done. I would think the surveyor is at fault if you had a full survey done. If they did the usual we didn't do this and that and we suggest you get this and that checked you may not have much of a case. Dry rot is usually hidden in the woodwork, you might suspect it if there is movement in the floors when you walk on them. It would be difficult to prove the previous owners knew about it. How do you know they did?

You need to speak to your solicitor. Bit normally surveys have a get out of jail card written in and can you prove the previous owners knew?

I very much doubt you could prove a case against the previous owns. I wouldn't have thought they new about it either. Your issue is with your survey, if you had a full survey done and they didn't pick it up then you need to presue them not the previous owners.

I feel for you. We had to have our first house entirely rewired after we moved in and there was literally no way that the previous owner didn’t know that there was an issue. However, we couldn’t do a lot about it and had to take it on the chin. It was our fault for letting DH’s dad do the survey (he’s an architect and said he knew what he was doing) In reality, I think he just liked walking around with a clipboard looking important 🙄

Presumably you did a full structural survey? What did it show? You can probably claim against the surveyor if they missed it.

If you didn't do a full structural survey then it's an important lesson in why it is crazy to buy a house without doing so.

No. Thats why you have a survey. Its them you should take it up with contact your insurance company and they will sort it

You would have no claim on the former owners but if you wanted to take action against the surveyors, you’d need to be clear on the type of survey carried out. If it was a full structural survey, you could seek recompense. Any other type of survey is generally unaccountable and will usually carry disclaimers and caveats.

Did you have a full structural survey, a homebuyer report or a lenders valuation survey?

I think the fact that it wasn't picked up in the full survey, which you paid for, is the problem. I think k it was be very difficult to prove the previous owners knew about the problem, or at least the full extent of it.

Have you looked at what was included in the survey? There will be things they will/ won't check.

How do you know the seller was aware of the issues? You could have a case for property mis-selling if you could prove it.

Have you got legal protection with your home insurance? If you bought the insurance at exchange then they will support you with legal assistance with a purchase.

How do you know the previous sellers knew for certain? Is it hearsay or written?

House selling is no longer caveat emptor. Sellers are legally required to disclose structural issues that they know about. Whether you have a case against them will probably depend on how you know that they knew. Just like with difficult neighbours, there are things you just don’t do if you want to sell your house so you have plausible deniability and don’t have to disclose.

If it was just that there are visible signs that they must have seen then probably not a case as there being signs doesn’t mean the seller knew what those signs meant; if it’s that the neighbour has said they knew then unlikely; but if you’ve found a report they commissioned which set it all out in black and white, or you have found out they asked a specialist to come in and quote them on sorting it out, then you might have more of a case.

You would need professional legal advice to tell you whether you stand a chance.

Thanks so much everyone. Have a poorly toddler, will reply properly tomorrow xx

I hope your toddler is better now