Seller lied on home report questionnaire

[Madieracake]

Basically seller blatantly lied on the home report questionnaire about the factor fees. Monthly cost is more than 4 times the value they advised. The monthly cost they advised doesn't even cover the building insurance which they said was included in the monthly fee. Factors have confirmed sellers were paying the same as we are being charged so no mistake just pure lies. Tbh I don't think we would have continued with the purchase if we had known.

Can we take this further or is it just hard luck. Thankfully we can afford to pay but I dread to think what would have been the case if we couldn't. Btw we are in Scotland. Not sure if that makes any difference. Thanks

Being in Scotland probably makes a big difference. As bids are submitted which are binding, are factor fees not declared upfront so solicitors have visibility and you submit a bid based on those facts you have before you?

Hi, we didn't receive the factor letter from the sellers solicitor until the day prior to our move date. Unfortunately to make matters even more complicated the estimated cost given on the factors letter isn't correct. It is double the price advised by the seller but didn't include the building insurance so again totally misleading. I have made a separate complaint to the factors regarding this. Just feel like we have been mugged. Just not sure if there is any point taking it further. We are talking the difference of over £100 a month. So not just a few pounds.

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When did you complete
In terms of the Standard clauses version 3 applicable since October 2018 the Seller (unless the standard clauses are amended) is confirming that the info on the Property questionaire part of the HR is true and correct.

If that is not the case they are in breach

We completed on the 15th May. We only received the info from the factor on the 16th. Prior to that only had what was advised on the home report questionnaire. Maybe naive but I honestly thought the figure on the questionnaire would at least be close to the truth. It was over a £100 less. Like I said even the factors letter was misleading as this does not give us the true monthly expense. I am actually still in shock at the lies on the home questionnaire. :(

Who are the Factors
I suggest you get your solicitor to intimate s claim against the Sellers as a first step

I'd suggest you contact your own solicitor ASAP. I wouldn't have left it this long to be honest. There is likely to be a timeframe in which to make a claim.

Thanks. I called my solicitor today but waiting a call back. We didn't receive the true bill from the factor who are Ross & Liddell until Monday. Do you think I have a case? Basically the seller stated factor bill was between £20-£50 per month, letter recd on the 16th May estimates £90 per month. Real cost we have now been told is a whopping £165 per month. Shocking.

You are not time barred so don't worry about that.
Am a bit confused about whether they said the factors charges include the Buildings insurance You would have to pay buildings insurance in any case

I think you could have a claim ,but am not sure how your losses would be calculated.

And if you have to take court action that is a costly and stressful process

Get your solicitor to put in a claim and take it from there

Most Home reports are a waste of paper

That’s a massive difference. Not just a couple of quid.

Definitely get onto your solicitor

Thanks everyone. I am definitely going to look into what legally we can do. Obviously we have moved in now so no going back but maybe
We could claim for some form of compensation. Will keep you posted.

The initial figure maybe didn’t take buildings insurance into account. I wouldn’t class that as ‘factor’s fees’ (even though it’s paid to the factor.). Good luck with Ross and Liddell...

Only good thing about Ross & Liddell is that they are not H and P

Even taking away the insurance the factor fee is £100 per month. The annual estimate R&L provide didn't break it into costs so obviously we assumed this includred the insurance as no seperate price was advise. Only the value of the cover provided was quoted on the correspondence no seperate costing. But seller still lied as on top of the £65 per month for insurance they were paying £100 in factor fees. . I have email my solicitor for my advise. One can but try so fingers and toes crossed they agree.