To want to move already

[Propertyproblem]

NC for this thread.

DH and I have recently bought our first house. We knew some work was to be done but we have found additional undisclosed problems. One such problem has legal implications, it is not visible and we were unaware until we moved in. The insurance will not cover this as it was pre existing. We’ve been here less than 4 weeks and been issued with a legal notice to correct the problem in 28 days. It appears the sellers were aware of the problem but just didn’t deal with it. Costs estimate around £10,000 for this alone excluding planned work.

We are likely to see the sellers regularly as they are still nearby. The problems have taken the shine off the house and I don’t feel comfortable anymore.

AIBU to want to move?

Obviously didnt show up on the searches???
I feel sad for you guys.
I guess you will have to fix the problem before you are able to put it back on the market??

Would you have a case against your surveyor?

It wasn’t something which would appear on the searches. It would be very outing to say exactly what it is. The money isn’t the issue as such more that we’ve been put in the position we could be potentially prosecuted.

The sellers left other undisclosed faults which are annoying but this is the problem which has really upset me the most. Sellers work in the legal/property environment so are clued up these things.

The surveyor would not have been able to see the problem. There is no recourse there.

What about through your solicitors? Should they have disclosed it and therefore you’ve bought it on false grounds?

Go back to your solicitor and discuss it. If you have been issued with a legal notice as soon as you have moved in, whoever has issued it, did they wait for the sale to go through? Who has issued the notice neighbour? Council? If a neighbour, I would question why now and not before the sale. If the council then it is more complicated - I assume not planning or building regs related as these should come up on the search.

Sorry to be vague but it wasn’t a fault which is covered by a search or by the property information forms. This was not the fault of the surveyor or solicitor.

But the vendor knew so could you sue him?

Yes. Failing to disclose certain things can be a legal case. Japanese knotweed for example.

I’m not sure I’d stand much chance of suing the vendor. They didn’t disclose the problem but they never lied about it either. My understanding is unless I specifically asked the question and they give a false response then I can’t sue them for misrepresentation. The likelihood is that it would cost more for me to pursue the costs than to resolve the issue.

Instead of being the dream home we’d hoped for it’s become a bit of a nightmare.

It’s is to do with building regs?

On the home buyers pack was it not mentioned or left blank?

It is a utility company which issued the notice. They will not give any details of what they did to try to resolve the issue with the previous owner due to data protection. It’s possible that letters were ignored but I can’t be sure. I have raised a complaint with the company concerned also. As far as they are concerned I’m the owner and it needs fixing.

I know someone who have moved house in the last 12months,they have found various problems that wouldn't have flagged up with the survey, they are things the previous owners knew about and should have disclosed. They are now having to spend over double what they had budgeted for in resolving the necessary problems. They are going through the solicitors to see if anything can be done. I'd suggest the same for you. I'm really sorry your having to go through this

Moving house is often a bloody nightmare. This sounds like a horrible situation but you can't sell as it is, you will have to fix it and when you have you might fall in love with your house again. Grit your teeth and do what is necessary, a few months down the line things may look very different. In the long run you will probably make a profit on the place. The horrors I have endured in moving into fixer uppers would make your hair curl - but my home is worth double what we could have afforded without the horrors.

I'm so sorry,I accidentally voted yabu when I meant yanbu. How awful, what a shock.

It is illegal to not disclose something and you need to go back to your solicitor, or a better one to sort it out.
There's more info here
www.reallymoving.com/conveyancing/guides/what-do-i-have-to-disclose

I think you have recourse with your seller. There's a section on TA6 which is the property information form which asks if any notices have been served or received.

Sitting here, in my money pit, feeling your pain op.
If I had the money to sort it, it wouldn’t be an issue because I love the house. The fact I don’t have the money means I hate the fact I can’t sort the house, unless I win the lotto, and so I now hate the house but also couldn’t sell unless sorted.

Is it something like a water leak? You've been served notice to repair?

It does relate to water and is metered. Both the company and the vendors would have been aware of the problem due to high bills.

Possibly irrelevant but there is a cut off year of I think 1936, if your house was built before this, the water company is liable for more of the pipes/sewage/leaks than for newer houses. Just in case it helps. I really feel for you.

Oh no. We had a very similar situation of having to knock down and rebuild parts of our house we brough and pay a hefty fine to the water, gas and electric companies for something the vendors did. This wasnt disclosed either when we made the offer and went through the buying process. Its a terrible shitty situation but the best advice is to fix the problem and then wait 12months and see how you feel. Unfortunately the problem is now yours and will not go away. If only ppl were honest when selling there homes these things can be resolved sooner and no hidden shocks.