Buyers and Sellers Form - Failing to Disclose

[Spellkaster]

My partner bought our house 2 years ago.

We are not legally minded people and didnt know about these things at the time.

Not long after moving in, we were made aware by our next door neighbour, that there was a mobile mechanic who lives 3 doors away.

He does cars up on the side of the road, has caused us problems with parking, and he used to dump vehicles on the grass verge outside our house.

On the buyers and sellers form it does clearly state "DO YOU KNOW OF ANY DISPUTES OR ANYTHING WHICH MIGHT LEAD TO A DISPUTE ABOUT THIS OR ANY NEIGHBOURING PROPERTY?".

At no time in the duration of the purchase did the vendor mention the mobile mechanic, if he had done we would have pulled out.

Because we have had nothing but problems, not long after moving in, do we have a claim of misrepresentation of the form?

We now cannot sell ourselves without having to declare a dispute and we are furious.

[enquirer]

Re: Buyers and Sellers Form - Failing to Disclose

"DO YOU KNOW OF ANY DISPUTES OR ANYTHING WHICH MIGHT LEAD TO A DISPUTE ABOUT THIS OR ANY NEIGHBOURING PROPERTY

Knowingly failing to disclose information concerning a dispute relating to the prospective purchase is one thing, but to demand knowledge about 'anything' which 'might' lead to a dispute about this or 'any' neighbouring property, is so open ended as to be worthless.

Unless you can show that there has been an actual dispute (preferably backed by a paper trail), and that the vendor failed to tell you (either deliberately or negligently), you are on a hiding to nothing. Your best approach now is to deal with the problem, probably via the local authority.

[Spellkaster]

Re: Buyers and Sellers Form - Failing to Disclose

But surely if the vendor knew about the mechanic running a business from home which could lead to a problem, then he should have disclosed as it states?

[enquirer]

Re: Buyers and Sellers Form - Failing to Disclose

'Anything' that 'might' lead to a problem is a question of infinate extent. It is literally impossible to answer.

Where do you want to go with this?

[Spellkaster]

Re: Buyers and Sellers Form - Failing to Disclose

We want to sell, but unsure of what to do if problems with the mechanic might put someone off buying or we loose money of the value of the house!!

[wales01man]

Re: Buyers and Sellers Form - Failing to Disclose

Do you know of?
A very wide ranging question would ttake a good expensive solicitor to prove if the vendor Knew of anything wherever i have lived i have known little about my neighbours and in the case here the vendor may never have had problems with the mechanic they might have been best of friends?

[enquirer]

Re: Buyers and Sellers Form - Failing to Disclose

We want to sell, but unsure of what to do if problems with the mechanic might put someone off buying or we loose money of the value of the house!!

Ah ... so the question actually relates to possible consequences if you 'fail to disclose'.

You have not communicated with the local authority about this matter, nor have you complained to the mechanic. There is no paper trail. It may be that you personally (a subjective judgement), have not found this to be a problem at all.

Your call.

[charitynjw]

Re: Buyers and Sellers Form - Failing to Disclose

Ah ... so the question actually relates to possible consequences if you 'fail to disclose'.

You have not communicated with the local authority about this matter, nor have you complained to the mechanic. There is no paper trail. It may be that you personally (a subjective judgement), have not found this to be a problem at all.

Your call.

That fleeting thought also crossed my mind!
(It didn't have far to travel, sadly :suspicious

[Inca]

Re: Buyers and Sellers Form - Failing to Disclose

Ah ... so the question actually relates to possible consequences if you 'fail to disclose'.

You have not communicated with the local authority about this matter, nor have you complained to the mechanic. There is no paper trail. It may be that you personally (a subjective judgement), have not found this to be a problem at all.

Your call.

Now thats what I call a very astute answer