About to exchange contracts on house but vendor has withheld information

[Violetpostit]

Hi, I am buying a house that has an extension built right up to and in parts onto the boundary line with next door. Both are detached properties but this side extension goes up to the boundary and the guttering overhangs into next door.

We are about to exchange on Monday (!) and throughout the process I have asked lots of questions about this overhang. A land surveyor confirmed there was an overhang, and the neighbours expressed to the surveyor they would like it corrected in the future. In the meantime the vendor has stated on all forms and correspondence regarding the sale that he is not aware of any objection from the neighbours about the overhang.

I went to see the neighbours today to find out once and for all. It turns out they have discussed this before with the vendor, and in fact the vendor even had plans drawn up to scale back the extension. He has disclosed none of this!

Where does this leave us? Also what would be your next move in my position?

Basically, the vendor denies the overhang is a problem and has even provided a Statutory Declaration which states he has never received any correspondence objecting to the overhang. He has not mentioned whether he has had any verbal conversations objecting to the overhang which it seems he has.

[Potatoface2]

the house you are buying could be causing massive problems to your future neighbours house which are not visible at the moment....get a chartered surveyor to check.....or you could be ending up with a massive bill in the future

[TheLesserSpottedBee]

How long has this neighbour wanted the gutter moved, in other words how long has this extension been up?

Surely if they wanted it sorted it would have been sorted by now, whilst a builder was still on site to actually do the work.

Was there planning permission and building regs at all?

[WhatamessIgotinto]

In would be very concerned about what else the vendors may have withheld.

[BeaufortBelle]

Solicitor needs to make further inquiries, including with the local authority. If your solicitor has advised exchange can can take place in these circumstances you need to change solicitors.

You need to find out if the extension is legal and if it is how much modification to appease the neighbours will cost and renegotiate the price so the work can be done and neighbourly relations maintained.

If the above can't be established then I doubt anyone else will be prepared to buy the property anyway and a substantial reduction should be possible. If not walk now because nobody else will ever buy it from you in turn.

How much have you spent already by the way.

[Anniegetyourgun]

The house is in such a bad state of repair that it will already cost thousands to make it habitable

BUT it has a new extension (where were their priorities?!)

which may not be legal (hasn't this come up in the searches?)

AND an undeclared verbal dispute with neighbours

I think you're concentrating on all you've spent so far and are understandably inclined to go with the easy explanation that the neighbours are just having a grumble for the sake of it/to blag a bit of cash, but all this really needs to be resolved before you throw even more good money after, potentially, bad. The amount you've spent on special surveys etc is gone whatever, of course, but presumably some other costs eg mortgage arrangement fee would just carry over to the next property? Please research the sunk costs fallacy before doing as suggested above, contacting the council and checking on the legal status of this extension which surely is the next logical move.

[Blu]

The neighbor would be bonkers to agree in writing to the gutter overhang. If I was the neighbour I would insist on it being removed or rectified immediately!

The house sounds like a project. It all depends on whether you can accept sorting this out as part of the project.

I am amazed that the neigjbours did not go to the council, with an unapproved extension in a conservation area overhanging their property being built next door!