Legal property buying scenario type question
Discussion
Ok....let's say 'I' was to purchase a house and during the viewing questioned the owners if it had been flooded.
They stated "yes, but only once due to freak weather in 2007".....but later, when 'I' had moved into this house it came to light that the house had flooded 2 or 3 previous times in 2002/2003, would I have a case for being 'mis-sold' the property?
There is quite alot more to the scenario and I may divulge this info later, but this is the crux of my scenario.
Starters for ten?
They stated "yes, but only once due to freak weather in 2007".....but later, when 'I' had moved into this house it came to light that the house had flooded 2 or 3 previous times in 2002/2003, would I have a case for being 'mis-sold' the property?
There is quite alot more to the scenario and I may divulge this info later, but this is the crux of my scenario.
Starters for ten?
boredofmyoldname said:
Did they own it in 2002/3?
Did they put in writing that it had only flooded once?
yes...they owned it from new.....2000.Did they put in writing that it had only flooded once?
On the property information pack they stated and signed it had only flooded once, yet I have 'found' correspondance stating "the house has flooded 3 times, is worthless, and who in their right mind would buy it?"
Also neighbours are prepared to state as such in signed statements.
Cleaning Van Man said:
boredofmyoldname said:
Did they own it in 2002/3?
Did they put in writing that it had only flooded once?
yes...they owned it from new.....2000.Did they put in writing that it had only flooded once?
On the property information pack they stated and signed it had only flooded once, yet I have 'found' correspondance stating "the house has flooded 3 times, is worthless, and who in their right mind would buy it?"
Also neighbours are prepared to state as such in signed statements.
)will_ said:
Cleaning Van Man said:
boredofmyoldname said:
Did they own it in 2002/3?
Did they put in writing that it had only flooded once?
yes...they owned it from new.....2000.Did they put in writing that it had only flooded once?
On the property information pack they stated and signed it had only flooded once, yet I have 'found' correspondance stating "the house has flooded 3 times, is worthless, and who in their right mind would buy it?"
Also neighbours are prepared to state as such in signed statements.
)I just wanted a totally impartial view rather than a financially inspired opinion.
They also stated in section 3 that "no correspondance with any agencies or governments or ongoing issues with the property were present".....another lie.
The road hasn't been adopted as they stopped it going through due to the flooding issue.
Cleaning Van Man said:
will_ said:
Cleaning Van Man said:
boredofmyoldname said:
Did they own it in 2002/3?
Did they put in writing that it had only flooded once?
yes...they owned it from new.....2000.Did they put in writing that it had only flooded once?
On the property information pack they stated and signed it had only flooded once, yet I have 'found' correspondance stating "the house has flooded 3 times, is worthless, and who in their right mind would buy it?"
Also neighbours are prepared to state as such in signed statements.
)I just wanted a totally impartial view rather than a financially inspired opinion.
They also stated in section 3 that "no correspondance with any agencies or governments or ongoing issues with the property were present".....another lie.
The road hasn't been adopted as they stopped it going through due to the flooding issue.
If they've lied on the questionnaire - and you have documents to prove, and prove that they knew (hard not to notice a flood I suppose) then it sounds interesting. If it's "he said/she said" it's a lot harder.
I suggest you find a local estate agent (not the one who acted for the seller when "you" bought) and ask the following question:
Would the value of this house differ if (a) it had been flooded once in 2007, and (b) it had flooded three times, in 2002, 2003 and 2007; and if so by how much?
If the answer is "no", then it doesn't really matter how black their lie was.
ETA: if "you" have a lawyer advising "you", isn't it a bit pointless to ask whether "you" have a case on PH?
Would the value of this house differ if (a) it had been flooded once in 2007, and (b) it had flooded three times, in 2002, 2003 and 2007; and if so by how much?
If the answer is "no", then it doesn't really matter how black their lie was.
ETA: if "you" have a lawyer advising "you", isn't it a bit pointless to ask whether "you" have a case on PH?
Edited by anonymous-user on Friday 11th February 13:33
will_ said:
Did you get flooding searches done pre-purchase?
If they've lied on the questionnaire - and you have documents to prove, and prove that they knew (hard not to notice a flood I suppose) then it sounds interesting. If it's "he said/she said" it's a lot harder.
no we didn't. we checked it wasnt in a flood plain and specifically asked at the viewing. They stated "only once" and also on the paperwork.If they've lied on the questionnaire - and you have documents to prove, and prove that they knew (hard not to notice a flood I suppose) then it sounds interesting. If it's "he said/she said" it's a lot harder.
I spoke to the next door neighbour last night and she said she told them they 'had to declare the situation' to us and they assured her they did!
They also told her they had "substantially reduced the price" for us as a means of compensating us for the issue. This was not the case.
My lawyer has told me that i can get the contract reversed plus damages & costs, but to be honest we love the house and don't want the hassle of moving again.
Work has also been carried out which I have been assured means the flooding will not re-occur.
Cleaning Van Man said:
will_ said:
Did you get flooding searches done pre-purchase?
If they've lied on the questionnaire - and you have documents to prove, and prove that they knew (hard not to notice a flood I suppose) then it sounds interesting. If it's "he said/she said" it's a lot harder.
no we didn't. we checked it wasnt in a flood plain and specifically asked at the viewing. They stated "only once" and also on the paperwork.If they've lied on the questionnaire - and you have documents to prove, and prove that they knew (hard not to notice a flood I suppose) then it sounds interesting. If it's "he said/she said" it's a lot harder.
I spoke to the next door neighbour last night and she said she told them they 'had to declare the situation' to us and they assured her they did!
They also told her they had "substantially reduced the price" for us as a means of compensating us for the issue. This was not the case.
My lawyer has told me that i can get the contract reversed plus damages & costs, but to be honest we love the house and don't want the hassle of moving again.
Work has also been carried out which I have been assured means the flooding will not re-occur.
will_ said:
If it won't re-occur then you may in fact have no "loss" to claim. The house may not be worth less than you paid.
Not the case according to my lawyer. They committed a form of fraud when selling the house. When selling in future we will have to declare the previous history (which they did not) and hence may find the house hard to sell.Cleaning Van Man said:
will_ said:
If it won't re-occur then you may in fact have no "loss" to claim. The house may not be worth less than you paid.
Not the case according to my lawyer. They committed a form of fraud when selling the house. When selling in future we will have to declare the previous history (which they did not) and hence may find the house hard to sell.I would go with what your lawyer says, but I can see a credible defence. And where there's a credible defence, you could run up some serious legal costs...
I'd be interested to know what "loss" your lawyer will claim for making the house harder to sell, if in fact it won't flood again. Go with Greg66's suggestion and see what a local agent thinks as to relative values.
Either way, good luck. And always get all the searches done!
Miguel Alvarez said:
Out of curiosity. Say you were to sell up tomorrow and the future owners go through a similar process. Who would be at fault? You who "knew of only one flood" or the previous owners who lived there during the 3 floods?
Well, I now can't sell the property and claim to know of only 1 flood, otherwise i'll be leaving myself in a position where I may be sued by the future owner.That's a bit of a worry for me....resale value.....if (when) I declare ALL the information I know, it may make the house 'unsellable'.
Obviously it was a worry for the people I bought from, but they just lied their way around it.
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