26 thoughts on “Property Information Form: 7 Key Issues You Should Watch Out For”
My seller, investigator and realtor have all been in on the same cover up in regards to the sale of my home and there was so much that was not disclosed and covered up because they were all in on the same deal and receiving something in return that they refused to disclose things that came to light đĄ and I was unaware of until the insurance company asked me something about it later on that I should have known about but, was unaware that they had covered it up to make it look like it was a new roof and it wasnât it was just a patch job that they had done to make it look like it was new. Plus there was a huge hole in the roof and they didnât fix it and they only covered it up. So now Iâm having trouble with the house all these years later, or really Iâve been in the house for about a year and a half and all of these problems are starting to come up that werenât even apparent until now and I just donât know what to do about it because itâs not even covered by anything.
We are not certain precisely what the issue is, but we assume that repairs had been undertaken to the roof of the property that you were proposing to purchase and this was not disclosed to you.
The basic position is that it is the remit of a buyerâs seller to check that the property is in a condition that is satisfactory to their buyer client. It isnât generally for a seller, sellerâs estate agent or the solicitors (who are not surveyors) to point this out. Concealing issues with a property is not uncommon. A seller will want to get the best price they can for it. It is generally up to a buyer to ask the questions that they want answers to as to the condition of the property. Sometimes, if an answer is given, which may in itself be factually accurate but because of something which is also relevant is not explained, it creates a misleading situation and the buyer knows this, this can give rise to a basis of claim in misrepresentation. Concealment of relevant issues can sometimes be evidence of this but would not in itself give rise to a claim unless there was a corresponding obligation to disclose the underlying issue which has been concealed (which there generally isnât).
We purchased a property on a private road where the ownership is restricted to the land the house sits upon and the surrounding parking and gardens are âcommunalâ and managed by a company in which you become a member upon purchase. There is an annual maintenance fee of ÂŁ1000.00 for each property for the parking, pavements and gardens. The gardens are maintained by contractors. However, over time, one end property has decided to replace planting and deck out an area for seating which they now treat as âtheirsâ. How is this compatible with the surrounding properties being regularly sold as being in âcommunalâ gardens?
We cannot give legal advice on our website, if only for the fact that the relevant deeds and title documentation in relation to the properties would have to be considered.
On the assumption that there is a validly enforceable restriction, perhaps a restrictive covenant, then arguably denying those individuals with the benefit of such restriction their ability to exercise their rights in relation to communal land, this would give rise to an actionable cause of action. It strikes us that the remedy sought would need to be an injunction obliging the infringing individuals to reinstate that which they have sought to acquire for themselves.
I havenât had it surveyed (yet) however the surveyor did some due diligence before arranging a visit.
It turns out there was work performed in 1992 on the property as documented on the building control website. This was done BEFORE the seller moved in.
However from the photos he also noticed that similar was performed on other walls in the kitchen (archway) etc with a beam above. This work has not been documented with building control.
As this was perhaps done before the moved in the early 2000âs, what should I do?
There is no paper work on building control for this, they might not even know themselves that this work was done.
As a buyer what would some good guidance be ?
I have been reading up that you can get retrospective building control but obviously risks to this if itâs knocked back. It can delay the sale (fine by me) or the seller could pull out altogether Iâm guessing if it requires that the work is restored to its original state
Equally indemnity insurance would only cover me for work requested from the council, and not for any future repairs of said refurbishment.
As it wasnât the seller that initiated this work though how can I navigate this effectively ?
A solicitor would be unlikely to advise you whether or not to proceed with the transaction, unless they were specifically retained to advise you on the financial merits of it. Whether or not to proceed is ultimately your choice based on your appetite for risk. Normally, the extent of a solicitorâs obligations would be to identify risk involved in the transaction that would not be obvious to their client, rather than advise whether or not proceeding was a good or bad idea.
It sounds as though your surveyor is on the ball and very much worth whatever fees are being paid to them. Likewise, if you have been advised about the possibility of indemnity insurance (often a common âsolutionâ to such issues), then your conveyancer is alive to the risks to you and has advised you of your options. However, ultimately the decision to proceed or not is yours alone based on their professional advice.
What we can say is that the basic position is âbuyer bewareâ and it is therefore up to the buyer to obtain the necessary information that they require and decide whether or not to proceed. This normally means asking the seller the right questions and consulting with professional advisors about the position. This is the primary reason for appointing professional advisers. Whilst there is a cost involved, it is always worth it to minimise the risk of becoming committed to purchase a property which has issues which may be of concern to a buyer. A buyer would be well advised not to assume that there is any sort of recourse to the seller (or any other third party) after the transaction completes and therefore should be taking whatever steps they can to address points that are of concern to them. A client should never feel that they cannot ask questions of their professional advisors, because that is what they are for, but as mentioned, whether or not to proceed is likely to be a matter for you based on the information you can obtain and the professional advice about the risks given to you.
Supporting Farleigh Hospice | Limited Places Available We’re delighted to announce that Cunningtons is once again partnering with Farleigh Hospice for the annual Make a Will charity campaign this September! What We’re Offering â Completely FREE Will preparation by our qualified solicitors;â Professional legal advice and guidance on making your Will; and of course,â Support […]
Planning for the future as we get older is a vital part of life â thatâs why many of us provide for ourselves with pensions and Wills. However, one of the most important tools available to us is often neglected: Lasting Powers of Attorney. According to CanadaLife UK, 78% of UK adults don’t have a […]
Cunningtons help with "Your Legal Journey Through Life". We cover key areas: your first home, your relationships and family law, then growing families, employment matters, dispute resolutions, property investments, and planning your estate. We focus on continuity, trust, understanding clients, and personal service by offering the same legal team throughout life.
My seller, investigator and realtor have all been in on the same cover up in regards to the sale of my home and there was so much that was not disclosed and covered up because they were all in on the same deal and receiving something in return that they refused to disclose things that came to light đĄ and I was unaware of until the insurance company asked me something about it later on that I should have known about but, was unaware that they had covered it up to make it look like it was a new roof and it wasnât it was just a patch job that they had done to make it look like it was new. Plus there was a huge hole in the roof and they didnât fix it and they only covered it up. So now Iâm having trouble with the house all these years later, or really Iâve been in the house for about a year and a half and all of these problems are starting to come up that werenât even apparent until now and I just donât know what to do about it because itâs not even covered by anything.
Thank you for your comment.
We are not certain precisely what the issue is, but we assume that repairs had been undertaken to the
roof of the property that you were proposing to purchase and this was not disclosed to you.
The basic position is that it is the remit of a buyerâs seller to check that the property is in a condition that
is satisfactory to their buyer client. It isnât generally for a seller, sellerâs estate agent or the solicitors
(who are not surveyors) to point this out.
Concealing issues with a property is not uncommon. A seller will want to get the best price they can for
it. It is generally up to a buyer to ask the questions that they want answers to as to the condition of the
property. Sometimes, if an answer is given, which may in itself be factually accurate but because of
something which is also relevant is not explained, it creates a misleading situation and the buyer knows
this, this can give rise to a basis of claim in misrepresentation. Concealment of relevant issues can
sometimes be evidence of this but would not in itself give rise to a claim unless there was a
corresponding obligation to disclose the underlying issue which has been concealed (which there
generally isnât).
We purchased a property on a private road where the ownership is restricted to the land the house sits upon and the surrounding parking and gardens are âcommunalâ and managed by a company in which you become a member upon purchase. There is an annual maintenance fee of ÂŁ1000.00 for each property for the parking, pavements and gardens. The gardens are maintained by contractors. However, over time, one end property has decided to replace planting and deck out an area for seating which they now treat as âtheirsâ. How is this compatible with the surrounding properties being regularly sold as being in âcommunalâ gardens?
Thank you for your comment.
We cannot give legal advice on our website, if only for the fact that the relevant deeds and title documentation in relation to the properties would have to be considered.
On the assumption that there is a validly enforceable restriction, perhaps a restrictive covenant, then arguably denying those individuals with the benefit of such restriction their ability to exercise their rights in relation to communal land, this would give rise to an actionable cause of action. It strikes us that the remedy sought would need to be an injunction obliging the infringing individuals to reinstate that which they have sought to acquire for themselves.
Hi,
Iâm in the process of buying a property.
I havenât had it surveyed (yet) however the surveyor did some due diligence before arranging a visit.
It turns out there was work performed in 1992 on the property as documented on the building control website. This was done BEFORE the seller moved in.
However from the photos he also noticed that similar was performed on other walls in the kitchen (archway) etc with a beam above. This work has not been documented with building control.
As this was perhaps done before the moved in the early 2000âs, what should I do?
There is no paper work on building control for this, they might not even know themselves that this work was done.
As a buyer what would some good guidance be ?
I have been reading up that you can get retrospective building control but obviously risks to this if itâs knocked back. It can delay the sale (fine by me) or the seller could pull out altogether Iâm guessing if it requires that the work is restored to its original state
Equally indemnity insurance would only cover me for work requested from the council, and not for any future repairs of said refurbishment.
As it wasnât the seller that initiated this work though how can I navigate this effectively ?
Thank you in advance
Thank you for your comment.
A solicitor would be unlikely to advise you whether or not to proceed with the transaction, unless they were specifically retained to advise you on the financial merits of it. Whether or not to proceed is ultimately your choice based on your appetite for risk. Normally, the extent of a solicitorâs obligations would be to identify risk involved in the transaction that would not be obvious to their client, rather than advise whether or not proceeding was a good or bad idea.
It sounds as though your surveyor is on the ball and very much worth whatever fees are being paid to them. Likewise, if you have been advised about the possibility of indemnity insurance (often a common âsolutionâ to such issues), then your conveyancer is alive to the risks to you and has advised you of your options. However, ultimately the decision to proceed or not is yours alone based on their professional advice.
What we can say is that the basic position is âbuyer bewareâ and it is therefore up to the buyer to obtain the necessary information that they require and decide whether or not to proceed. This normally means asking the seller the right questions and consulting with professional advisors about the position. This is the primary reason for appointing professional advisers. Whilst there is a cost involved, it is always worth it to minimise the risk of becoming committed to purchase a property which has issues which may be of concern to a buyer. A buyer would be well advised not to assume that there is any sort of recourse to the seller (or any other third party) after the transaction completes and therefore should be taking whatever steps they can to address points that are of concern to them. A client should never feel that they cannot ask questions of their professional advisors, because that is what they are for, but as mentioned, whether or not to proceed is likely to be a matter for you based on the information you can obtain and the professional advice about the risks given to you.