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Original poster

Seller lying.

22 replies

KatOH · 21/11/2023 15:33

If seller is asked specifically about an issue in the house, and lies... legally is there anything that can be done once sale completes?

If there is proof (in writing) of the lie?

OP posts:
idealgift · 21/11/2023 15:34

depends entirely on the lie and the consequence (s)of that lie upon the buyers enjoyment of his or her property

idealgift · 21/11/2023 15:35

if you are the seller in question - don’t!

Cosywintertime · 21/11/2023 15:37

Depends on what it is and the scale of it. You need to give further detail, neighbour dispute, yes action can be taken, flood risk, no, it’s on you to find out.

HappyHamsters · 21/11/2023 15:38

What's the lie, is it a deliberately lie, is there a paper trail

Original poster
KatOH · 21/11/2023 15:52

Not the seller in question. Recently moved in, and I am kicking myself for believing the seller in regards to issues with one of the rooms. They blatantly lied, saying they've never experienced any issues. Whereas the issue was clear as day within a day or 2 of moving in. They had just been very good at hiding it for viewings!

This is something I had a contractor look at a few months ago, early on in the process, and who stated it COULD potentially be a problem, but as seller kept insisting it never was it was never deemed a major red flag.

However, I now know they mentioned it to the estate agent early on. But for some reason the estate agent never told us, and the seller then decided not to disclose to us either. So equally as annoyed with the estate agent in this situation.

Likely to cost a couple of thousand to repair. Not a major issue in the grand scheme of things, but I am furious with myself as I never factored in the additional cost of this repair. Also, disappointed with the seller for not being honest. Was it just to save them a few quid?! I couldn't handle lying, knowing the buyer would find out as soon as they moved in.

OP posts:
PuppyMcPupFace · 21/11/2023 15:55

Both the agent and the seller have a responsibility to tell you.

Lemsipper · 21/11/2023 15:56

So why didn’t your surveyor pick it up?

idealgift · 21/11/2023 15:56

why not just tell us what the issue is?

and you make no reference whatsoever to a survey!

idealgift · 21/11/2023 15:57

-However, I now know they mentioned it to the estate agent early on.

how so?

EmotionalSupportWyrm · 21/11/2023 15:57

Your responsibility to get a survey. If the survey missed something take it up with the surveyor. The seller has no responsibility to alert you to faults. If they lied on documentation then that's a different issue. Sounds like you went into it knowing that it COULD be a problem - so you took a risk and it didn't work in your favour.

idealgift · 21/11/2023 15:59

a completely objective third party said it could potentially be a problem

but you are now say that SO evident within 48 hours

Oh and zero mention of a surveyor

🤔

ClematisBlue49 · 21/11/2023 16:06

Is it possible that it genuinely wasn't a problem for the seller? For example, if it's something like condensation, the seller may have kept windows open for longer than you have since you moved in. People live very differently and it's not uncommon for issues to arise shortly after someone new moves in.

Original poster
KatOH · 21/11/2023 16:38

ClematisBlue49 · 21/11/2023 16:06

Is it possible that it genuinely wasn't a problem for the seller? For example, if it's something like condensation, the seller may have kept windows open for longer than you have since you moved in. People live very differently and it's not uncommon for issues to arise shortly after someone new moves in.

I had initially assumed this, but I emailed the estate agents and they replied basically saying they thought I was already aware as seller disclosed at the beginning of the process - except neither the seller or EA disclosed this to us. And there were quite a few discussions on the topic.

Surveyor clocked it, advised we get a contractor to look at it. Contractor informed us it could potentially lead to issues further down the line, however seller adamant they never had any issues during their time in the house, so it was deemed no immediate risk. we accepted that it wasn't serious YET and figured we would factor in the costs in a few years. However, it now appears it was just very well masked and is in fact at the point of no return so repair necessary asap.

As I said, furious with myself. Also unsure why seller disclosed it to EA and then decided to lie to us. It's not an issue that would have made us pull out.

OP posts:
idealgift · 21/11/2023 16:39

so on the survey - i’m guessing the wording was

“further investigations advised”

which you did

which confirmed potentially a problem

you don’t have a leg to stand on op

Cosywintertime · 21/11/2023 16:45

Is it damp?

idealgift · 21/11/2023 16:48

i’m fascinated by how well they masked the severity of this “potential” issue to both you and a surveyor and a contractor

but then immediately apparent within a day or two of moving in

DogInATent · 21/11/2023 16:48

The Surveyor spotted it.
The Contractor said it could be a problem.
The Seller said it wasn't a problem for them.

They might have been economical with the truth, but depending on the exact nature of the problem and it's severity, what's not a problem for them but a problem to you could be subjective.

Between reports the Surveyor and the Contractor you did have enough information to work out for yourself that it was likely to be a problem to you regardless of whether it troubled the Seller or not. But it's easy to overlook the potential negatives once you get into "we're buying this house" mode.

Saz12 · 21/11/2023 16:49

Difficult to answer without knowing the issue! The specialist said the issue might not cause problems immediately, but will eventually need repairs, seller lies and says it never causes a problem, so you assume the repairs can wait. But actually they need fixed immediately.
What financial liability would the seller have, though - its a timing of paying for repairs, not does it need a repair at all.

Saz12 · 21/11/2023 16:57

EG - hot tank is too small and low pressure. Seller has no problem with that as they dont take long showers.
OR - The soil pipe is substandard. Contractor points this out and says itll need sorted eventually, but can be left a couple years if not causing a problem. Seller confirms theres no issues. But in reality, toilet blocks regularly and cant be used for more than a pee.

Allwelcone · 21/11/2023 17:03

Given ypur previous reply you might have a case maybe. The EA basically emailed you saying oops I thought you knew, thereby admiting SONEONE shd have let you know. Maybe them?

topnoddy · 21/11/2023 17:11

What ever this problem is you knew it was there when you bought the place .]

End of story .

Original poster
KatOH · 21/11/2023 17:27

No, not damp. Thankfully.

@Saz12 is right. It's a sewage issue. Never thought I'd be regretting not using the toilet when viewing the house!!

Thanks for all the opinions. I'm clearly just annoyed at myself/the situation! The EA definitely did not help my mood either.

But sure, we live and learn!

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