Is this legal?

Question

Hi All,

I'm attempting to purchase a property and the vendor is being unreasonable, looks like the deal might full through. By coincidence I own the house next door (it's rented I don't live there). The property I was in the process of buying had a damp/timber and dry rot report done; it has all of these to the tune of 4K to fix. The vendor isn't interested in lowering the price or meeting half way or anything. The estate agent says if it goes back on the market he is not legally obligated to tell any new potential buyer about the reports and costs unless specifically asked, morals eh!. Anyway!, this seems all rather wrong too me, and as an act of "revenge" what are the legal implications of putting a poster up in the window of my house next door warning any potential buyer that the neighbouring house has damp/rot problems and I'll provide a copy of the reports for free... :-) After all, the poster would be stating facts (not my opinion), can't be classed as liable surely?, and would annoy the neighbouring vendor :-))) Are there any legal implications apart from an annoyed neighbour?

Any comment/suggestions appreciated (and yes I know it's petty).

thanks

Mark

Martin Davies · Accepted Answer

Don't know about legal, but its certainly a good way to get windows smashed or other damage to the house. Martin  <

Zoe Brown · Answer

Well my first thougts are why would you want to prevent him from selling, I presume you don;t want to remain his neighbour....

Daytona · Answer

I believe the EA is correct. Put the reasons for withdrawal of offer in a letter, registered post. After receipt, send in a relative/friend who asks the EA about any problems with the property. If not mentioned get them to sign a witness statement and send a copy to Trading Standards as I believe the EA has at this point broken the law.

Do not display anything libelous.

Some reports are confidential, read the T&Cs.

Be aware that this might be construed as a property dispute, which you must mention on the sellers information form when you come to sell your let property.

hth

Daytona

CD · Answer

Did you read the first line of his post?.

GSV Three Minds in a Can · Answer

Bitstring , from the wonderful person Mark Hula said

I don't believe that is true any more. I thought that vendors were now obliged to reveal any facts known to them. You could tell the vendor that you'll make sure the eventual owners know about the problems, and the fact the vendor knew about them before the sale. 8>.

btw, try uk.legal, since this is not really a financial issue.

Martin Davies · Answer

Whats reasonable for one can be unreasonable for another. Ever thought that the vendor might have been aware of the problem and made adjustments anyway in his asking price origionally? Martin  <

CD · Answer

Sorry, should've edited my posts better. Post should read: I presume you don;t want to remain his neighbour.... Did you read the first line of his post?.

Richard Faulkner · Answer

In message , Mark Hula writes

The Property Misdescriptions Act requires them to make everyone aware of the existence and contents of any survey or report they are aware of. It is a Criminal offence for them not to do this, and the offence should be reported to Trading Standards.

Not sure how you do it but somehow you need someone to show an interest in the property, and not be made aware of the survey. They then need to find out about the report and complain to Trading Standards.

As an estate agent, I was extremely wary of these types of circumstances, and usually added a phrase relating to the reports being available into the property details and window display.

Richard Faulkner · Answer

In message , Martin Davies   writes Yeah! Right!

DKCC · Answer

The 1991 Act merely stipulates that it is a crime to make a false or misleading statement is made in the course of an estate agency business. The principle of caveat emptor (buyer beware) applies to all land contracts. Even if a buyer questions "Does the property suffer from damp/rot?", the Seller is entitled to state "The Buyer should rely on inspection and its own surveys as no warranty is given in this respect". This is perfectly legal providing there is no misrepresentation, i.e. lying.

DKCC

Chris Street · Answer

If you rent it then your landlord may get upset with petty complaints from next door and install a more cooperative tenant come renewal time.

Is this legal?

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