Are estate agents obliged to tell purchasers about known problems?

[IHeartNiles]

I have another thread running where my potential purchase has approx 4 year old or less massive extensions (half the house, roof remodelling, big glass orangery, double storey, single storey) with no building regs for any of it, inc gas safe, windows, the whole shebang. This was finally disclosed at almost week 11 of the selling process and has cost me hundreds so far.

The estate agent knows as I’ve told him and has given me gems (in writing) including that the seller is a renowned property developer (I can’t find any evidence for this on google) so I should just trust that he did it well as the finishes are high quality, that if I don’t want it they will just go to market and another buyer will feel differently.

What would you do? I’m going to report the build to the council to stop them being able to offer indemnity in the future. Should I also report the estate agent, or simply remind them that now they know they need to disclose this to any future purchasers? My lender wouldn’t even lend on it. Not sure what code of conduct EAs are obliged to follow.

I’m pretty sure any solicitor will advise anyone against purchase but I feel strongly that someone isn’t walked into what could be a death trap at worst.

They shouldn't lie if asked directly but no, they are not obliged to proactively tell anyone. Their job is to find a buyer - they don't check the paperwork on a building.

It's the seller's responsibility to fill out the property information forms correctly - which go to your solicitor for checking

That's why the survey and lawyers exist.

Just walk away and forget about it - it's not worth the stress of trying to "save" people or punish the seller.

Find a nice new house to focus on

It depends if they're registered with RICS. I wouldn't use one who isn't.

Its not the estate agents role to find information like that out, its your solicitors. If its taken 11 weeks why has it taken so long?

Reporting the whole thing to the council up to you.

All sounds a bit unnecessary and spiteful

Agree, that's the solicitors job, not the agent.

The estate agent wouldn’t necessarily know that info, you don’t have to disclose building regs etc to them and as others have said this is what surveys are for and what your solicitor is responsible for checking.

Why has it taken your solicitor so long to find out this info? Your issue should be with them for being so slow!

I don’t see why reporting to the council will have anything to do with someone else being able to take indemnity insurance on it if they want to, my old house had an attic conversation (done by previous owners) that didn’t have building regs but we got indemnity insurance and then when I sold it the new people did too.

It’s annoying but these things happen when you’re buying houses unfortunately, just move on

OP asked if EA are obliged to tell buyers about known issues. EA might not have known before and it’s not their job to check but he does know now.

Not sure what the law or guidelines say but they absolutely should tell you about known problems. We bought a house that had suffered subsidence and had been underpinned, we were ok with it but a previous sale had fallen through because of it.

The EA told us on our second viewing so we made an offer with this in mind. They risk sales falling through if they don’t disclose major issues that they know about.

I’d report to the council OP but I’m petty!

I think EA and sellers are supposed to tell buyers about potential issues if they are aware:

www.wherewebelong.co.uk/blog/consumer-protection-regulations-and-how-they-affect-property-descriptions.html

Though we forwarded some issues to EA for buyer (£1k) and EA said do you want me to tell the buyer rather than just forwarding it on.

@AN85

OP asked if EA are obliged to tell buyers about known issues. EA might not have known before and it’s not their job to check but he does know now.

Not sure what the law or guidelines say but they absolutely should tell you about known problems. We bought a house that had suffered subsidence and had been underpinned, we were ok with it but a previous sale had fallen through because of it.

The EA told us on our second viewing so we made an offer with this in mind. They risk sales falling through if they don’t disclose major issues that they know about.

I’d report to the council OP but I’m petty!

Yes. That’s what I meant. I can see any sale falling through again and again. Would be good to know if the EA was obliged to tell what they know to stop others spending >£1000 a pop.

My solicitor did chase this, he was slow replying to the enquiries. We now know why.

@AN85 you are not petty. You would be doing the right thing. The OP should report. Too often in the UK we walk in by and claim we’re only minding our business leaving some poor soul to suffer dire consequences for our selfishness.

We have a duty of care to our fellow human beings. That is what makes a true society.

OP I would report.