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AIBU?

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Original poster

Found out devastating news about house we are about to buy, Should we pull out?

444 replies

Welikethemoon · 11/07/2022 11:53

We were all set to move, got everything in place, went for second viewing to show our daughters thier new house for the first time. Owner was there so I asked her about the flood risk which has come up as surprisingly high on the survey. She looked shocked and said she thought we knew it had been flooded twice in last 10 years but flash flood rain water run off and also before she moved in. She had instructed estate agent to tell everyone who viewed. We have had the offer accepted since April, estate agents just told me, sorry they "forgot" to tell us. Now don't know what to do. Thus was supposed to be our "forever" home, that had everything we needed. I have a very specific list of things I wanted and this ticks all the boxes, there us nothing else currently on the market that comes close. It's a significantly bigger mortgage than current place. I don't want to move again after this. Seller has said she has put in extra drainage since the last flood, but it hasn't been tested in similar conditions since so no guarantee it would work. Plus with climate change its more likely to happen.
Husband still wants to move, I'm not so sure. What would you do? AIBU to pull out now, risk losing our buyers and wait for a better house to come on the market?

OP posts:
Abitofalark · 13/07/2022 00:32

There used to be a law called The Property Misdescriptions Act 1991.
It was repealed in 2013 leaving control to the Consumer Protection from Unfair Trading Regulations 2008 (CPR). And Business Protection from Misleading Marketing Regulations 2008 (BPR).

These cover possible offences of
Giving misleading information
Failing to give material information

According to a 2014 article online by solicitors gosschalks:
"The CPR and BPR impose an increased burden on estate agents and developers selling properties, as well as the wider housing industry. In particular, the introduction of provisions dealing with omissions will mean that selling and letting agents, house builders and others must be aware of what they don't say about a property as much as what they do say."

""The higher standard means that these agents or companies must ensure that they bring any relevant facts or matters to the attention of potential buyers. The ability to rely on the concept of "buyer beware" is reduced. And it may no longer be enough to place the onus on a buyer to carry out appropriate due diligence and raise appropriate enquiries."

"At the moment, there’s little case law relating to the CPR. The Office of Fair Trading has provided a guidance note for enforcement authorities and estate agents on how the CPR relates to the sale of property."

And a 2018 article about the regs by 'Estate Agent Today' has further commentary: www.estateagenttoday.co.uk/sponsored-content/2018/8/cprs-the-implications

NOTE: There may or may not be further legislation and / or case law since then, so the above is only background information and you would be wise to consult trading standards or a solicitor for up to date information and advice.

MyOwnView · 13/07/2022 00:35

I’d pull out of this sale.

When it floods again, your home will be worthless.

Estate agents don’t forget things like this. Really they don’t.
It seems an ideal home for you but can you afford to loose the money your paying. Of course you shouldn’t buy this home. Not now and never

Deliveredonfeb29 · 13/07/2022 01:09

From our experience think about sailabity - we had a neighbour withdraw from sale of land for parking at the point you are and we bought anyway - although we have put up with it the pressure for on-street parking has doubled and I worry that if we needed to sell the house quickly we couldnt - issues that slow the selling process limit your ability to realise cash from the house to respond to changes , a safety net other people enjoy

Ortega888 · 13/07/2022 01:42

Hi please pull out of this house sale immediately. The house will be unliveable and with floods it causes so much damage. I would not move there and please start looking for another home. Let us know how you go on and what you decide.

Autumn61 · 13/07/2022 03:40

I am so sorry for both you and the seller but there is not a hope in hell of me or anyone I know buying a house with flood history. It ain’t going to get any better !

Tractorcrisis · 13/07/2022 05:39

Think you need to get a very clear and detailed answer about the risk, and is it something that is likely to get worse in the future. Are there any neighbours you can speak to?

This is not your fault at all - if you pull out. The estate agent should have told you - and you made an initial decision without the full and correct information.

houseargh · 13/07/2022 06:00

My concern would be that, if you want this to be your forever home, in 10/20/30 years time it's unsellable because climate change has made this that much more of an issue, and you find yourself with basically no equity in the house after paying off the whole mortgage (side note: what are some estate agents thinking?! We had to pull out of a sale last year when we found out about an outstanding 35k major works bill the EA had 'forgotten' to mention. The mind boggles! Did they seriously think we'd just be willing to let that slide?!)

WinterMusings · 13/07/2022 06:22

Pulling out was the right thing to do!

I feel sorry for the woman, especially when she has been so honest.

Do everything you can in regard to the estate agency!!! Lying bastards.

with flooding, it's not just about replacing furniture & flooring etc it's about the stress/worry of never leaving anything under waist height. If it gets flooded having to move out (it's more common than not for the water to contaminated by sewage. Danger to pets. The panic everytime rain is forecast, worrying when you go away... it's relentless.

I hope the woman takes the EA to the cleaners too!!

prettyteapotsplease · 13/07/2022 07:14

I'm so glad to hear that you've pulled out moon especially as it was already priced at the top end of what you're prepared to pay. Although you're 'mourning' the loss now it would have been so much worse if a future catastrophe were to occur. There are other houses out there just waiting to be found. I think you've saved yourself a lot of trouble, lucky escape and all that. Onwards and upwards.

Fabboush · 13/07/2022 07:23

I nearly bought a house in a flood risk area. It sadly fell through, not because of flood issues though.

The village is well known where I live and anytime it is mentioned people automatically want to talk about how it floods.

However, houses still go up for sale in the village, and sell very quickly. I think there's a population of around 600. People still want to live there. I would have.

There were all the necessary defences in place and I remember insurance not being as choking as I thought it would be.

Bertieboo82 · 13/07/2022 07:44

Fabboush · 13/07/2022 07:23

I nearly bought a house in a flood risk area. It sadly fell through, not because of flood issues though.

The village is well known where I live and anytime it is mentioned people automatically want to talk about how it floods.

However, houses still go up for sale in the village, and sell very quickly. I think there's a population of around 600. People still want to live there. I would have.

There were all the necessary defences in place and I remember insurance not being as choking as I thought it would be.

With a tiny population of 600, how frequently do houses even go in the market?!

burninglikefire · 13/07/2022 08:06

Agree with others that pulling out of the purchase was the right thing to do. Have you thought about the possibility of going ahead with your sale and moving into rented accommodation while looking for another house - this would put you in a good position as a chain free buyer.

Fudgemonkeys · 13/07/2022 08:07

Is this not sonething that should have come up via your solicitors? I still wouldn't buy, I do feel for you though but this isn't your fault. There will be fees to pay for the abortive purchase but I'd rather pay those than ever buy a house that floods or even could flood. I bought a house with damp that wasn't picked up by the surveyor before completion, came to light 6 weeks in and i was 7 months pregnant. Ended up going to court, we did win though. Good luck

ItsJustLittleOldMe · 13/07/2022 08:22

I was flooded out of our home just after we got married and spent nine weeks living in a travel inn (uk) then had to find a new house to live in….. I would absolutely never buy a place known to flood as that was the second flood after they had “put in measures” to stop it for happening. It also happened two more times after we left. It was caused by a storm drain which was inadequate. It really is horrible dealing with flood damage to your belongings so no 100% not unreasonable to pull out.

TheRussianDoll · 13/07/2022 08:31

What will you do, @Welikethemoon ?

was chatting to my friend last night who reminded me of a house she rented years ago, which flooded twice in a four year period.

Please, don’t go forward with this purchase. It will end in tears.

TheRussianDoll · 13/07/2022 08:35

And, the Estate Agent is remiss. They ought to cover fees. Honestly, they didn’t “forget” to mention flooding. That’s ludicrous and negligent.

Fabboush · 13/07/2022 10:03

@Bertieboo82 I didn't say they went up for sale frequently. I said when they do go up for sale, they sell quickly.

Everyflippingusernameistaken · 13/07/2022 10:37

I know it's a terrible blow for you, but I would definitely pull out.

Gardengirl108 · 13/07/2022 13:14

Welikethemoon · 11/07/2022 17:23

We haven't had this form yet, we will be sure to look out for it, thank you

Show quote history

Please don’t just look out for it. Specifically ask your solicitor for it. You need to know if the sellers flagged this issue. I would be walking away from this sale.

Original poster
Welikethemoon · 13/07/2022 17:13

This afternoon we had a phone all with our EA and instructed him that we are pulling out of the sale (on the grounds he is a lying bastard). He had the absolute cheek to try and insist that he had in fact told us about the flooding issue and that he "had ticked a box against our name" on his form to indicate he told us. We told him that was absolutely not what happened. If our buyers want to hold on till we find another house then fine. Otherwise we will be cutting ties with this estate agent completely. We will talk to our solicitors about if it's possible to claim costs incurred.

OP posts:
Original poster
Welikethemoon · 13/07/2022 17:14

Oh and we are not paying any fees to the EA, and they have agreed we don't owe them anything

OP posts:
ThreeLittleDots · 13/07/2022 17:17

Oh and we are not paying any fees to the EA, and they have agreed we don't owe them anything

Are they selling YOUR home and have agreed to waive their fee?!

Zott · 13/07/2022 17:19

You’ve done the right thing Op.

Original poster
Welikethemoon · 13/07/2022 18:08

ThreeLittleDots · 13/07/2022 17:17

Oh and we are not paying any fees to the EA, and they have agreed we don't owe them anything

Are they selling YOUR home and have agreed to waive their fee?!

If our buyers agree to hold on indefinitely until we find another house to move to, then yes they would be selling our house. But no we haven't discussed that fee in that circumstance. I'm not sure we would be entitled to that. But lost money for solicitors and surveyors etc for trying the buy the house we pulled out of, definitely is worth trying to get back

OP posts:
Whammyyammy · 13/07/2022 18:08

I'd pull out. In our village there is about 5 or 6 houses along the river/brook that flood every few years and regularly change owners because of it.
Can't understand why people buy a high flood risk house, then moan when it floods???