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Estate Drainage Issues

5 replies

cross85 · 09/01/2024 21:32

I am purchasing my first house with my partner and up until this weekend we were smooth sailing. Our survey came back all good, searches are due in the next week and all enquiries were answered and satisfied. We have been doing our research as we are moving to an area that we love but on the outskirts which is better affordability for us but a very small walk into the beautiful town. On joining the local community FB group for the area it came to light that residents are complaining of drainage issues. A survey was unable to pick this up as it goes beyond the boundary of the house. I went down a rabbit hole at this point and can see it’s not an isolated case and has been on going for years. The property is in a flood risk area so in the winter months they have tankers pumping sewage constantly from 06:00-22:00. The pumping station is a stones throw (4 houses down) from us. We knocked on neighbours doors. Everyone has had drainage issues in the past and we even found a comment from the vendor to confirm they also have “major drainage issues” On enquiries they have responded saying this was one case and hair clog. I’m not buying it.

None of this was declared on the TA6 and I’m at a point where it’s not something I can see past. My question is, has anyone successfully had their legal fees paid back for not disclosing what they lawfully should have done prior to exchanging contracts? My solicitor has said it’s something we can do but it can prove difficult due to us not already exchanging. This is £2000 worth of fees that if I had of known from the offset this problem we wouldn’t have proceeded any further!

thank you!

OP posts:
DrySherry · 10/01/2024 06:18

Your solicitor is right, the TA6 form is not legally binding on its own - but only becomes so through the contract of sale.

RebelliousOwl · 10/01/2024 08:32

You are kind of stuck between a rock and a hard place. On one hand you have little to no recourse as there is no contract in place yet so, as your solicitor states, it would be difficult to pursue (and may even cost you more than 2k in fees / legal advice).

On the other hand, if you proceed to exchange so you do have a contract in place with the intention of withdrawing, you already know this information and are proceeding anyway which could be deemed as you find it acceptable.

It is likely that it isn't worth trying to get your money back which will leave a bit of a bad taste, granted, but at least you realised now and are able to make that decision in full knowledge of the facts and not after you have moved in.

Ellmau · 10/01/2024 08:32

Just walk away.

43percentburnt · 10/01/2024 09:09

Many solicitors (not all) work on no move no fee. Can you check if this is the case with yours?

I work in this area and from the info you have said I would walk away. See the 2k as money well spent. Buy something older, in a more established area where you are either higher up (on higher ground/hill) and not affected by new builds or nowhere near areas where they could build.

If you change property I would then change to a no move no fee conveyancer (there are many good ones) and start again. You will then only lose your search fees if it goes wrong again. It’s rubbish but if the site is known for flooding (and many new build sites near me do seem to have this issue) you would be better walking away.

cross85 · 15/01/2024 21:32

It’s so frustrating. We have obviously decided not to purchase but thank you everyone!

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