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Please help we have been induced into buying a house and do not know what to do next

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  • Please help we have been induced into buying a house and do not know what to do next


    Hi, we are desperate for some advice and don't know what to do, any advice would be greatly appreciated please We viewed a house in September 2018, put in an offer for £10,000 over as we loved the property so much. We only put our house on the market for this one. The local search report flagged moderate to high risk of subsidence so we had a mortgage valuation survey done in the October which we paid £550 for, we sent our mortgage advisor the local search and asked his advice, he said to see what that said and when it came back it stated no signs of structural movement and it said didn't warrant further looking at so we relied on that and did not instruct a further survey. He also said the house was mortgageable and was worth £305,000 The mortgage company lent us £125,000 on this basis for the property which was purchased for £305,000 The house is a 4 bed semi detached, with a rear extension, conservatory, side extension of bath room built in 2008 and a side storey extension built in 2014 and a porch. We finally moved into the property in March 2019 and In September 2019 we noticed cracks in the ceiling in the right hand side extension, outside the house and on further investigation there were more cracks showing inside that have got worse over the last 4 months We contacted the builder who did the 2014 extension and building control, who came out to see us he wanted to stitch the bricks and see what happens. After that we found that the planning permission was for a 2 storey extension including the garage extension (we also found that the foundations were recommended to be to the chapter 4 building near trees and 2.4 mtrs minimum depth), the building control certificate was only for the bedroom and ensuite not the garage so that has no certificate We obtained the building control logs and it showed there was an original garage raft from 1996 a rebuild due to subsided drain, and that the builder could notget the raft out so questioned if it would take the increased load – he was advised to get a structural report (he told us this took 6 weeks – we have no details of who), however building control signed off the foundations within a week. We contacted our house insurance, legal and general who had surveys and bore holes done and confirmed that it was bad workmanship and the foundations should have been 2.4mtrs deep and were 500/800 and 500mm on the 3 sets of extension foundations on the right hand side of the house and there’s hawthorn roots from the trees In the quarry nature reserve next to us that go down 2mtrs (the insurance have declined to deal with it as they are saying bad workmanship, we have years of continuous cover) On further investigation we discovered that in the conveyancing documents the people we brought off said there was a garage and extension in their legal documents TA6, then only supplied the building control certificate for the bedroom and ensuite, then when asked about the garage extension, they said it was there when they moved in in 2006. On google earth from 2009 and 2012 and the online estate agent brochure from when they brought it, it clearly shows it is not the same garage. Building control logs confirm this and so do the neighbours and photographic evidence. The vendor also stated they were unaware of any planning breaches. There are cracks everywhere now even in the main house, you can clearly see where there has been previous filler from subsidence cracks around the windows, along the ceiling etc and outside, the extension is pulling from the main house. The insurance company surveyor said if the problem isn't fixed in 6 months this is what happens and said he could clearly see the filler etc was pre purchase.. Also we found when looking into this further, that in the estate agents brochure from before we viewed the house, there is a subsidence crack on the right hand side garage pillar. We have a picture taken before we completed showing fresh pointing up which our mortgage surveyor missed and we only noticed this when we discovered the cracks last September and stated investigating. Also the vendor had things stacked down the side of the house when we viewed and in the estate agents photos – we now know this covers previous bore holes and a lintel and the old garage raft. The estate agents had a 4K video done of the house to sell it and you can see and they commented, it was like a show house when we brought it it was beautiful We have found wood and metal paint in the shed which is for the ensuite and you can clearly see where they have filled cracks the filler is falling off the walls and the wallpaper has come away.There is foam filler in a 25mm dip in the front room in the main house and only the previous owners could have done this as they had the front room extended The rear extension is also affected and also the conservatory had water run down the walls in September in heavy rain, the neighbours have advised us that the foundations there are only 500mm and they remember our sellers having this problem also - this currently has a temporary drain on it The seller also stated the porch didn't need planning and was under 3mtrs – its is 3.2mtrs Her brother lives down the road and he saw me the other month and asked if we had had building work done or any structural work to the house. We were lead to believe that the new house they were buying that is next to their daughter in Cheadle was in their names, land registry says the house is in her daughters name and we know they have had 2 large extensions built on both houses and both houses are in her daughters name Surely this is fraud, we had legal cover through coplus and they have just declined the claim due to our sellers not having chargable assets but we are pretty sure that they have been spending and getting rid of our money and 100% knew about the problems with the house and lied to us to buy it Please do you know how can this be right?? how can someone take someones money fraudulently and get rid of it like this? this is everything we have worked for we are absolutely devastated and do not know here to turn next
    Last edited by Amandamoo; 18th January 2020, 17:38:PM. Reason: I have copied and pasted and it won't let me do the spacing properly apologies
    Tags: None

  • #2
    What a shocking state of affairs.
    It seems to me they acted dishonestly over the sale of their house and then laundered the money by buying a house in their daughter's name

    A Mr Khan tried laundering money by buying a house in the name of his father, but he was made to sell the property to pay off a confiscation order under the Proceeds of Crime Act.

    It may be that you can argue the point with Coplus that the sellers committed fraud by misrepresentation (Fraud Act 2006 sec2) and so the money can be recouped using the Proceeds of Crime Act 2002.

    If they fail see a solicitor and discuss funding options for this sort of action.
    It won't be easy, but it might offer a glimmer of hope

    Good luck

    Comment


    • #3
      Hi, replied on the other post apologies*

      Comment

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