Extensive flooding damage discovered after exchange

[puret0ne]

We have exchanged contracts and waiting for completion in less than two weeks time. However we only found out yesterday that the house was extensively damaged by the flooding back in 2014 and a massive insurance claim was paid out. They hired a structural engineer to check what was required to fix all the post-flooding issues (he discovered serious foundation distortion btw), but they refused to carry out suggested remedies and only covered minimal cosmetic work.

We specifically asked questions about flooding before exchange but they responded with no to any damage. (We loved the house but with a suspicion from our surveyor we decided to dig deeper to be sure.)

I just wrote a brief factual account of what happened and my question is if I have legal authority to rescind the contract and get the deposit back. We have already spent loads of money on legal & research fees on top of paying the deposit at the exchange. I don’t expect the sellers to pay any of incurred costs but I want my deposit back.

I’m distressed and upset with the situation and also worried at the prospect of legal implications. I’d appreciate If you could share any experience or advice on this...

What a pair of scoundrels. You have right on your side. Hope everything goes well. It should.

You are in an extremely strong position.

Not only have they attempted to defraud you, they will presumably still have a house they want to sell AND it sounds as if some sort of 'reputation' they wish to protect. All of which would be gone in an instant if you were not only to take it to court, but be very happy to provide an interview with the local paper.

What 2bazookas said.

Once you get your money back don’t sign an NDA-someone might not get so lucky-tell EVERYONE!

once it's over, name and shame the house and owners.

@puret0ne how are you today? Have you got any further forward?

What outrageous balls on the part if the sellers. Did they not think you’d find out?

Surely the EA are aware if the area and should have known this was a flood area and would know the properties would have had damage and enquires about that. I’d be thinking they were complicit too (even if by incompetence).

@Stressedmummyof4 Oh thank you for checking out on me. Something did happen and I was pondering whether I should write now or wait till I get more update. After hours of heated argument, they agreed to return the deposit and pay back the cost incurred. Ah they also fired their solicitor. We gave the sellers 48 hours to comply and also told him we would give interviews with local newspapers. The husband got really angry and he insisted we should sign NDAs when all done and dusted. (Politely ignored his gibberish). That’s what happened yesterday.

And this morning a big foreign muscle turned up at our solicitor’s office and introduced himself as a ‘representative’ of the sellers. He basically threatened that we should forget everything else and just bugger off with the deposit, otherwise we will be in trouble. The husband was contacted by our solicitor immediately and he of course denied of any knowledge of this person. Anyway so far he hasn’t signed the agreement and paid anything yet. Our deposit will be returned by the end of this week, his former solicitor confirmed.

Time is ticking and I’m curious to know what BS he’s gonna pull tomorrow.

@AdoreTheBeach You are absolutely right. They were all in on this together. The two EAs involved were contacted and one said they didn’t know and the other passed their legal rep contact number. The flooding was plastered all over the national media (we were living overseas back then). There’s no way they didn’t know about it.

That is just awful, and they must be seriously deluded if they think sending muscle to the solicitors is going to do anything but make the situation worse. I know it's been awful but you've also had a lucky escape finding out before completion. Sending good vibes and hope it's all finally resolved soon. Incidentally I would report their estate agents to whatever trade bodies they belong to. Just so shocking.

Jesus @puret0ne imagine the cheek of it, and there's no way they didn't know who the big guy was who turned up at your solicitor.

I'm keeping my fingers crossed for you that you get your deposit and extra for the costs incurred by the end of the week.

Will you be signing an NDA?

I truly hope you find a new home soon, I think you were lucky in the end to escape this one x

Yes, thank goodness you discovered before completion. Fingers crossed they pay back the deposit asap.

Oh wow! So pleased you've got out of the sale unscathed but seriously the vendors sound nuts, I would keep notes and be ready to inform the police if anymore hired help turns up.

(then go to the papers)

@Stressedmummyof4 No way I’m gonna sign an NDA. I’ve been watching too many legal/crime box sets for that. Yes it’s been way too stressful to buy a home. I wish someone just dropped the keys in my hand and told me the address, anywhere! x

@Lurkingforawhile Yes it could’ve been a lot worse if we had gone all the way. Something to be grateful for. x

Bottle of wine for your surveyor though. Imagine if (s)/he hadn’t raised suspicions

Years ago a house opposite mine was flooded when the lady went on holiday. It was a burst pipe and only noticed when water was seen coming out of the front door.

Then the house was sold and it flooded a second time. This time apparently the insurance covered a complete refurb, then the house was sold again.
When the new neighbour moved in she came and introduced herself to me and showed me the house. I could see the water damage on the upstairs ceilings and mentioned to her about the bursts which she had no knowledge of.

That's two bursts, and only minimal cosmetic work. I don't know if they did anything about it, but she found out about it from me the day she moved in. I assumed she knew !

Blimey op, they clearly are bullies. Good luck in recovering all of your deposit and costs.

Wow OP. You poor thing. I'm sure you can get your deposits and all costs back via your solicitor. The vendors are appalling liars and bullies. They deserve to be named and shamed. I would consider speaking to the police to report the incident you describe but obviously speak to your solicitor too.
Good luck.

Oh my! Lucky escape there!

Those vendors sound terrifying

So glad that you're nearly out of it.

Those sellers sound like utter KNOBS !!!!!!
something similar happened to me when buying our first house but luckily enough the problem was found on our second check by surveyor!
I hope you get this sorted an stand your guns. If you don't get it by end or week just say that's fine you'll go court an the papers ! Why try to rip people off for their hard working money because what you've got is ruined an no longer want it

You can't re ice a mouldy doughnut and expect to get away with it ! Xx

That is shocking OP 🤯

I hope you get your deposit back ASAP and definitely don't sign an NDA.

What sort of idiot thinks sending hired muscle to their opponents solicitor is going to help matters?!

Good luck OP hope your monies are returned shortly.

Have your gotten your deposit back?