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Seller didn't disclose groundwater flooding

5 replies

WhatwouldJessicaJonesdo · 29/07/2019 07:08

We have recently discovered the house we have bought hasñ groundwater flooding in the void under the floorboards after heavy rain, which sits for a few weeks, then slowly drains away (so far).
We have no idea how bad this gets in winter when there is less chance for the ground to dry out, however it puts us at risk of the joists rotting, damp and smells, plus the electrics are under the floorboards.

After talking to neighbours we have been told the previous owner used to pump this water out and we have since found an area of the floor that had been hidden under the previous owners furniture (and ours) that is a 'trapdoor' in the floorboards where it seems the pump would have been used.

Surveys/searches all came back as low risk of flooding. Seller has clearly declared there is no history of flooding to any part of the property, which clearly specifies ground water as part of the question.

What realistic recourse do we have regarding this? I feel quite aggrieved as we had other concerns regarding the house and had we known about this issue it would have tipped the balance and we wouldn't have bought it.

We would be looking at improving drainage planting and ventilation to try to prevent and if that fails possibly filling in the floor void with concrete and would be looking for damages relating to this plus the fact we now have a house we would struggle to sell as we would need to declare it.

If we pursued this how likely is it we would be sucessful? If they just deny it is that all they have to do?
Would a solicitor take it on a no win no fee?

We need to weigh up if its worth pursuing, worth the time money and inevitable stress. The sellers only live one street away so I see them most days at the school gates. (Not confronted them yet)

I know we need proper advice but jist wondered if anyone had any realistic advice before I went further with this.

OP posts:
strawberrypenguin · 29/07/2019 07:14

Go back to your solicitor, they're the best place to start. I'd say you should have a good case especially if the neighbour is willing to back you up.

Alarmclockstop · 29/07/2019 07:14

I have no legal knowledge but I'd think you would be successful if you sued.
We did, on the home survey it said there had been no neighbour conflicts. When we moved in it was evident that we had moved next to the neighbour's from hell. We found out the previous owners had reported neighbour's to the police, had mediated meetings and reported them to the council. We got 20k back for failure to disclose.

NuttyOrNice · 29/07/2019 07:24

Alarmcloskstop That good that you won your case. I hope things have improved wth the Belisha neighbours.

OP, I think you need to speak to your Solicetors too.

Hope things work out ok. I'd feel sick in your situation.

WhatwouldJessicaJonesdo · 29/07/2019 07:40

Thanks all, Alarmclock, what an awful situation for you, glad to hear you were sucessful in pursuing it. Would you say the stress was worth it?
Yes we should start at our solicitors, also potentially the legal cover on our house insurance?
I suppose I'm just wary of paying out for legal action I might not win, (various stressful issues going off in our lives already which I am keen not to add to) plus creating a paper trail that will affect our insurance, saleability in future etc. (Obvs we would declare this if we sold as we plan to put in mitigating measures such as better drainage etc)

OP posts:
carly2803 · 29/07/2019 22:49

OP given your last message, it will have to be disclosed anyhow (unless you want to be sued?)!

I think you have a really good case. I had something awful come up on a search before i completed, and my solicitor would hav ebeen a very poor man as it wsnt disclosed (his task to find out)!

absolutely go for it - start with your solicitor and get them to do the wor! claim damages and costs off your sellers.

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