Advice needed regarding Seller's Property Info Form

[ilikecrisps]

Hello! We're getting our house ready to sell and something's bothering me about the SPIF - the bit that asks whether our house has been underpinned.
Our house has, but not because of subsidence - building control stipulated that the central spine wall of our house needed to be underpinned in order to support the weight of a new 2 bedroom loft conversion when the work was carried out 10 years ago. This work was done by the previous owners, building control were happy and signed it off.
We had to advise our buildings insurance company of the underpinning and only a handful of insurance companies were willing to insure, even though the work was preventative rather than curative. It didn't pose much of a problem for us as we're mortgage-free, but now we're selling I'm panicing that prospective purchasers won't be able to get a mortgage.
My question is: what do I say on the SPIF about underpinning?
I'm really worried about this - any advice would be greatly appreciated.
crisps

[des8]

Re: Advice needed regarding Seller's Property Info Form

Complete the form truthfully and completely.
Give a full explanation, on a separate sheet if necessary.
If you don't, it might come back to bite you in years to come!

[wales01man]

Re: Advice needed regarding Seller's Property Info Form

Tell the truth if you have anything in writing offer to supply it to support the reasons it was done

[ilikecrisps]

Re: Advice needed regarding Seller's Property Info Form

Complete the form truthfully and completely.
Give a full explanation, on a separate sheet if necessary.
If you don't, it might come back to bite you in years to come!

Thanks, that's what I thought. I just wondered whether there's any way I can word it specifically, to avoid raising the usual panic the 'underpinning' word usually evokes?

[R0b]

Re: Advice needed regarding Seller's Property Info Form

As a seller you are not obliged to respond to pre-contract enquiries and the usual buyer beware scenario applies. The exceptions to this are:

1. latent defects in the title i.e. a defect in the property that could not have been reasonably seen on initial inspection but occurs at a much later date. Some latent defects in title might include a tenancy, local land charge, right of way which is not apparent etc.

2. the contract is entered into by way of fraud

You are also not obliged to dislcose any physical latent defects so a latent defect in the construction or design would not normally be required to disclose subject.

If you decide to reply you do need to be honest in your answer or you could be liable for misrepresentation if the answer you provided is not correct or at the very least negligent.

Do you have a solicitor acting for you as they should be able to help you with the wording if you do reply.

[paulajayne]

Re: Advice needed regarding Seller's Property Info Form

How about:-

"Circa 10 years ago the foundations were strengthened in order to support the weight of a new 2 bedroom loft conversion."

Tells the truth and removes the "U" word.

[ilikecrisps]

Re: Advice needed regarding Seller's Property Info Form

Thanks, ROb. We haven't got a solicitor yet - I'm currently rounding up all the paperwork we'll need in anticipation and got The Fear last night about the underpinning! Thought I'd better see what you all said to prepare for any possible problem.
crisps

[ilikecrisps]

Re: Advice needed regarding Seller's Property Info Form

How about:-

"Circa 10 years ago the foundations were strengthened in order to support the weight of a new 2 bedroom loft conversion."

Tells the truth and removes the "U" word.

Heh heh heh! I like your thinking! Thanks.
crisps

[des8]

Re: Advice needed regarding Seller's Property Info Form

Interestingly the TA6 (SPIF) does not ask if the property has been underpinned.

It asks if there are any warranties or guarantees for underpinning in force that benefit the property.
Any guarantees for the work may have expired by now, or may only benefit the previous owners.

It also asks about building works and gives examples eg extention, loft conversion etc. and if carried out during sellers ownership they require planning approval, completion certificates etc.

As works were carried out by previous owner there may not be any need to mention the underpinning anyway.