Property misrepresentation

[HolaWeenie]

Evening all, I believe we have a claim under property misrepresentation.

We purchased our home in February this year, in March my new neighbour told me Japanese knotweed had grown on the small bit of land down the side of our house (it's detached). Nothing was there and he said maybe they treated it.

April comes and I take another peak and sure enough I see knotweed shoots emerging.

We commissioned a JK specialist to assess and to outline an eradication plan including a 10yr guaranteed insurance policy, total cost £1500. He confirmed its 2-3yrs old, it's been treated (prob sprayed with weed killer only) as some shoots are in poor health, dead canes from previous year removed from the site except a few, and a heavy duty weed membrane had been laid and the 100m of shingle on top. That proves previous owner new something nasty was growing.

On the TA6 (property information form) there's a specific question relating to JK, the previous owners stated there's no problem with JK at the property.

My neighbour has provided a signed statement, which confirms he told them it was Japanese knotweed on several occasions and told them how nasty it is.

So I package that all up, the JK surveyors report, the TA6 form and the witness statement and emailed it to the previous owners conveyancing solicitor.

They responded saying they'll notify their client but they're not willing to correspond with me unless instructed to do so.

So is that it then!? Because surely the previous owners will just not instruct the solicitor (as it will cost them), where do we go from here!?!

[OccamsRaiser]

Another potential course of action (I had no idea until I started reading up on it!) here

[Collaborate]

OccamsRaiser - not sure that will reassure OP - given they will be the ones potentially criminally responsible. More a course of action to be taken against OP. OP needs to be aware of this though.

[HolaWeenie]

I'm aware we can be liable for damage to public spaces. We have engaged a PCA member and specialist Japanese knotweed surveyor to carry out 4 year eradication plan and have a 10 year insurance back guarantee. That's as much as we as the homeowners can do.

Call went well with the insurance company, I spoke to a couple of different professionals who are now happy to pass to their claims dept, they'll review both cases, against previous owner and against surveyor for negligence, assess which has a higher chance of success and pursue that on our behalf.

[kirinm]

Good news Hola! Very pleased your insurers are being proactive. Please keep us updated on how things go.

[nolongerwaitingfornumber2]

Great news! Fingers crossed you get compensated.