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Legal matters

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Original poster

Seller lied on property information form

43 replies

ilovetomatoes · 23/04/2018 19:49

Please help, this is one of the biggest mistakes I’ve made and I do t know how to fix it.

Bought a house four years ago, next to a sports club. To cut a long story short the noose is a nightmare. Loads of loud parties in the summer etc the previous owner made loads of complaints but didn’t disclose this on the disputes section. I am so upset, the stress is overwhelming. I hate the house and want to move but I’ve made so many complaints myself I would have to declare it and so have zero chance of selling. I spoke to a litigator at the firm I used for conveyancing and she told me not to bother suing as it would cost me 50k in fees with no certainty on the outcome. Is that really the case? Do I have to suck it up? It’s ruining my life, I think of nothing else and can’t believe I am in this situation.

OP posts:

Badweekjustgotworse · 23/04/2018 20:05

Op that sounds awful, you poor thing. I have no advice just didn’t want to read and run.
How do you know the previous owner made complaints? Have you contacted the council? There must be rules about the noise and use of the facilities in the sports club surely? Environmental health? Noise pollution warden? I’d try the council and see if you can get some action enforced, maybe speak to your neighbours and raise a group complaint?

DairyisClosed · 23/04/2018 20:09

She is probably covering her own arse. The conveyancer should have checked for formal complaints. Talk to another form.

pepperpop · 23/04/2018 20:11

If you're really desperate you could put the house into auction where you don't always need to fill the Property Info Form in (sometimes provided by sellers but not a requirement at my local one)?

Obviously you'd risk a lower price (they do have reserves) but if you really were desperate to get out it might be worth considering. Once a winning bid is made at auction contracts are exchanged, so your buyer can't raise enquiries about the property or withdraw without forfeiting their deposit.

mimibunz · 23/04/2018 20:12

Check with the council. We rented a flat a few doors down from a nightclub without knowing it was there, and it was a nightmare. I feel your pain, OP.

ChampagneCommunist · 23/04/2018 20:41

The conveyancer would have no way of checking independently for noise complaints - there is no "noise register" for us to check.

Did you know there was a sports club next door when you bought?

The basic rule of property purchase is "buyer beware", so if you knew about the club and went ahead anyway, it will be a tough job to sue.

You can only sue for losses incurred or provable losses, so you need to start by getting a valuation. Then, talk to a specialist property litigator

Iamagreyhoundhearmeroar · 23/04/2018 20:43

Where are the previous owner's complaints recorded?

Original poster

ilovetomatoes · 23/04/2018 21:17

Thanks all. They complained to the council so it has been formally recorded. I thought legally they had to disclose? So yes I knew I was buying next to a club but the onus is on them to disclose not on me to ask?

OP posts:

Iamagreyhoundhearmeroar · 23/04/2018 21:20

I think you're right, if the complaints were formally recorded.

Laska5772 · 23/04/2018 21:26

I would think its unlikely yu would win even if they did make a complaint.. Its 4 years past .. How can you prove whatever they complained about ( if they did formally and records still exist) is the same as the noise that is bothering you ? Or the noise level / frequency of the events parties are the same? . I think you've left it too late to go own that road now ..

NeverTwerkNaked · 23/04/2018 21:31

They were at fault and they certainly should have disclosed

However, buying next to a club should have rung a lot of alarm bells. And that’s why from a litigation perspective this would be quite uncertain.

Your best bet is to really get stuck in to the club with the help of your local council (environmental health; licensing etc). Find some friendly local councillors to get onside and help you get some progress .

Helpmeplan · 23/04/2018 21:34

Environmental health is your friend here.

cdtaylornats · 23/04/2018 21:36

Surely it depends on whether the complaints were resolved?

lottiegarbanzo · 23/04/2018 21:37

You're right that neighbour disputes and similar complaints have to be disclosed on the seller form. Failing to / lying is a big deal.

But, the litigator is right that pursuing an individual is pointless, as you'll get nothing out of them. They can avoid paying, ignore letters, bailiffs etc for a very long time. If indeed they have the capacity to pay at all.

Original poster

ilovetomatoes · 23/04/2018 21:38

Thank you all, it’s really helpful to talk this through. I’m so annoyed with myself for not asking more questions. The litigator I spoke to said if I was so concerned by noise why didn’t I ask more about it. I was quite shocked when she said that, I really thought if someone blatantly lied on a legal document I would have a pretty good chance of some recourse but she seemed to think not. I am so depressed. This was supposed to be my forever home.

OP posts:

WomaninGreen · 23/04/2018 21:39

Not a lawyer but know someone who brought a case against a residential neighbour fir failing to declare

I think the nature of the complaint will be key

If the seller complained about noise that the club is allowed to make, so within stated hours and designated acceptable noise levels, and if that's what you complain about then I doubt there is a case

If the club are breaching their licence then surely you'd have a case against them anyway?

DamnWhyAreAllTheUsernamesTaken · 23/04/2018 21:39

No the conveyancer has it.... buyer beware. If you look up previous cases where the seller has lied on the PIF, the judge always rules in favour of the seller quoting buyer beware... sorry OP

Laska5772 · 23/04/2018 21:40

I think also its only if they are breaching their events licence you could sucessfully complain We back onto the local football club, on the edge of our village . Its very popular place for parties, wedding and events, (as well as their usual evening practice games and season fixtures) and can be noisy.. but the parties/ events are always over by 11.30 - midnight .

BewareOfDragons · 23/04/2018 21:41

I suspect your failure to take action for 4 years will mean you're waited too long.

Mybabystolemysanity · 23/04/2018 21:42

Complaints to the council, sadly are not the same as formal complaints and don't have to be disclosed. In the case of noisy neighbours in a domestic setting, it's only if there is an ASBO in place that you know about which is a prosecution as a direct result of your success at complaining.

Agree with PP that this is probably an environmental health issue, although I think your chances of resolution might be slim.

Had awful neighbours. I have a lot of sympathy for you.

Iamagreyhoundhearmeroar · 23/04/2018 21:44

So it's not worth the paper it's printed on if it's not legally enforceable?? Bit of a swizz

Qwertytypewriter · 23/04/2018 21:48

I guess a lot of sports fields are being sold off for housing, so there's a chance that in 5 years you'll be next to family homes instead? I know its not much, but you never know!

Original poster

ilovetomatoes · 23/04/2018 21:49

Ha! I don’t think so, they’ve been around for over a century so not going anywhere sadly.

OP posts:

WomaninGreen · 23/04/2018 21:50

OP I think we cross posted
Are the club in breach of their licence?

Original poster

ilovetomatoes · 23/04/2018 21:51

You’ve given me a lot to think about. Thank you for your honesty. Any other pearls of wisdom gratefully received!

OP posts:

Original poster

ilovetomatoes · 23/04/2018 21:52

Yes they are at times. I have spoken to the licence people but they say they have to witness it and I can never get them round in time to see it due to backlogs if calls. So frustrating. I end up spending the evening winding myself up waiting for them to arrive in time which they never do. It’s dreadful.

OP posts:

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