Could you be sued for fibbing to a homebuyer?
Filed under: Property
There are some questions we all learn to answer when we're moving house. 'Why are you moving?' is to be met with vague answers about wanting to be closer to family or work, rather than admitting you hate the neighbours and the cramped master bedroom. But after one couple ended up in court after not revealing something the new owners felt was vital to the purchase, it begs the question of just how dangerous these fibs are.
The court case, related to a million pound home which one couple said they were sold on the basis it was secluded and tranquil.
They claimed they weren't told of plans to build a driveway right next to the property, so they sued the former owners.
It begs the question of what it's OK to cover up and what it isn't OK to fib about when you're selling your home.
The good news for sellers (and bad news for buyers) is that there are plenty of things that are perfectly permissible, including filling cracks before putting the house on the market. Likewise, you can keep the windows open in a damp-smelling home to disguise it from buyers. And there's nothing stopping you insisting the agent does all the viewings, so you can avoid awkward questions altogether.
However, by the same token there are certain things that aren't allowed. If you have a long-running feud with the neighbours, you will have to disclose it, or you could be liable further down the line.
Similarly if you cover something up that's likely to be material to the buyers you are opening yourself up for a legal challenge when they work out what has happened, and can prove you knew all about it.
It will always be perfectly allowable to fudge certain things - like why you're moving and what you think of the area. Pretending not to know about the aircraft noise droning overhead 24 hours ahead may be a little tougher to carry off.
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Reader Comments (Page 1 of 1)
8-03-2010 @ 9:44PM
ARTHUR said...
what is the point of paying solicitors big fat fees surely in the example above the drive would have required planning permission therefore the buyers should have been advised of this by their solicitor many things go on around where people live most have no idear
where i lived as achild and young adult most people new each other but that started to change early seventies now many do not even know their neighbour let alone what is going on around them ask them directions for a local place and they have no t got a clue
sue the solicitor not the seller it their job to find out any developments and the estate agent as most sellers go by their guidence
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8-04-2010 @ 3:41AM
Trixielala said...
My thoughts entirely Arthur. The solicitor has a legal duty of care when carrying out 'searches', the buyer does not. very surprised that they managed to sue successfully
8-04-2010 @ 4:15AM
stephen said...
Comments 1 and 2 are missing the point here. The way the British Legal system works is not to consider who is right or wrong but who has the best and or the most expensive legal advice. All legal advice in this country is based on "opinion and interpretation of the law" so if your Solicitor has in the eyes and ears of a Judge a better "opinion or interpretation" of whatever is in front of him or her, that is who will win the case. Whoever is right or wrong under the rules of common sense is irrelevant. As for the old chesnut called "duty of care" sadly this is a much misused phrase and open to abuse on all sides. I deal with many Solicitors in the course of my business and in over 20 years of doing so I have still not discovered one I would use on a personal basis.
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8-05-2010 @ 3:23AM
arthur said...
thats a very damming statement 20 years in dealing with many solicitors and not one you would use on a personal basis
BE CAREFULL YOU COULD BE SUED but given that we live in a compensation culture and that solicitors cannot be trusted along with the law in england best say nothing not be about for the viewing
let the estate agent do all then he alone can be sued
i will say the solicitor i have used on many occasions for house purchases has always be very good many times advising myself of things not diclosed by the buyer or estate agent
8-04-2010 @ 6:37AM
Keith Lovell said...
If you are selling and are likely to be showing potential buyers round, it is best to write and follow a script.
List all relavent items, air plane noise, church bells ringing etc.
That way you will go through the same speel each viewing and not forget anything which may come back at you further down the proceedings.
It is a sad fact but some have £ signs in their eyes and will sue on the smallest matter.
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8-04-2010 @ 7:38AM
albert sillitoe. said...
Church bells ringing,thats a laugh round where i live,dont forget the various imams in their ivory towers calling out 5 times a day(no offence intended of course).i would dearly love to hear church bells ringing.
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8-04-2010 @ 9:46AM
Yorkie UK said...
How about this one, I bought a house many years ago, the vendors removed the gas fire ,all light fittings, and the roof insulation. Now the gas fire was in Estate Agents description of the house and loft insulation was in place when my surveyor did his check so eventually I won my case however it is illegal to leave bare wires where there should be light fittings so they got prosecuted over that. I might point out the house completion was done on 18th December and my wife had our second child on January 17th. so leaving us with no heating over Xmas was very upsetting. Some people are crass
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8-04-2010 @ 7:23PM
amanda said...
whatever happened to doing your homework before buying a house! visiting the street at different times of the day/night, talking to the neighbours, asking friends! When I bought my house, how much sun i had on the garden was quite important and made sure i Knew which direction the sun would set on each house i viewed. you may think this is a bit sad but my last house had an east facing garden and by the time i got in from work the sun was just disapearing over the hedge at the back! very depressing! the people who bought our house asked if the sun was on the garden in the day, i said yes but it moved up the garden as the evening wore on. I didnt actually say that it was gone by 6.30pm coz they should have done their HOMEWORK as i did!! would this have made me liable?incidently, we bought our current house from a friend of my husband, he had split up and his ex was living there. when she moved out she left bare wires in the kitchen where 2 light fittings used to be. we were put in a difficult situation as my husbands friend said to do what we thought best(solicitor), but that his ex would probably make it difficult for him 2 see his son as we were HIS friends!! so we accepted money from friend to replace fittings. should have prosecuted the witch!!
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8-07-2010 @ 4:54PM
Carla said...
Do not blame the solicitor. If the sellers have applied for planning permission it will be on the local search. If they have not and have done work which should have required it the solicitor will have no way of knowing unless the surveyor picks up on it or the sellers disclose it.
If the survey (and don't just have the basic one - have the Homebuyers!) highlights it the solicitor should raise an enquiry. If a satisfactory response is not received it is possible to take out insurance. That should solve the problem
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