Misrepresentation on property information form

[Crazy council]

Hi, Who are the claimants solisitors/legal. ?? Do they have any prior connectiopn the the buyers

Its not as unusual as people might think this, people try it on it on after a sale is becoming more common. Sure, there are genuine reasons, and i have seen them, but the last few years its seems to be smaller firms taking on ,,,,, less than reasonable,,,, argumnets,,,. Some peoplle just give up rather than fight.

If the claims are unreasonable, ( get advice ) , cant you counter claim or claim costs ??

[Sweepiecat]

The buyers were not known to us. They contacted my ex after the sale about small things. Coffee machine, extra tiles, more kitchen cupboards, that kind of thing.
The lawyers they are using are the same ones that they used to get the club closed down. Their claim is unreasonable, but their lawyer is convinced they do have a misrep claim. His fees so far are £38,000. We have asked for his fees in detail, of which we need to have them assessed, but as this has cost £20k so far, we are trying to keep our costs to a minimum, so we are not sure who can assess them.
i appreciate that some people give in, and pay up, but if the case is lost, my ex will go bankrupt and it will fall on my shoulders as bankruptcy isn't an option for me.

[Amethyst]

Was any of these little requests in writing? or by phone ? could it be deemed as harassment building up to the big 'favour' ?

You did not lie on your PIF and that is your defence. Their evidence is this email so you have to show that was a lie, and give good reason for having done that - if the buyers were harassing you that may be a good reason. You may also need to show the buyers were in full knowledge it was a lie so they can't say that it is what persuaded them to commence action against the flying club ( thus alleging you should be responsible for costs )


You must have discussed it with your solicitors when this all started ? Did they feel settlement was the only option ?


Do you have their claim particulars ? You sound like you feel your only option is to settle, so your solicitors presumably feel they have grounds for bringing the claim ? What are they actually claiming ?

The claimants asked my ex how many times he had complained, 1,2,3 by email. So he told a lie and said 4 times. I have no idea why he lied and why he said he would help them when we and the club didn't ever cross paths.

[CharlieP]

The email was sent in 2013. The claimants asked my ex how many times he had complained, 1,2,3 by email. So he told a lie and said 4 times.

Even though he never actually did complain, is a complain a dispute? I could complain about my neighbours but I wouldn't call it a dispute. A dispute is an argument between two parties is it not?

There doesn't appear to be an argument between the ex and the club so the PIF was filled out correctly.

[des8]

Even though he never actually did complain, is a complain a dispute? I could complain about my neighbours but I wouldn't call it a dispute. A dispute is an argument between two parties is it not?

There doesn't appear to be an argument between the ex and the club so the PIF was filled out correctly.

Question 2 on the Law Society form TA6 :
2.1 Have there been any disputes or complaints regarding this property or a property nearby? If Yes, please give details:
2 .2 Is the seller aware of anything which might lead to a dispute about the property or a property nearby? If Yes, please give details:

[Sweepiecat]

The lawyer doesn't think they have a misrep case. However, win or lose the lawyer gets paid regardless. The cost of going to court is huge. One counsel said 60/40 in our favour.
They are claiming for their costs to get them back to where they were when they first started their claim against the flying club. I do not want to settle as they are apparently serial litigators, but it depends on the judge on the day unfortunately.

[Crazy council]

Hi

Do you know why they didnt get thew full payout from the flying club. do you have any other details in relation to the claim.

[Sweepiecat]

In litigation you do not get all your cost back apparently. This is part of the reason they are suing us. They are saying they never would have bought the house had they known about the flying club. I say a flying club, just a few chaps occasionally flying model aircraft in a few fields away. They are not even allowed under their very strict rules to come anywhere near the house. In life you have to live and let live?

[jaguarsuk]

In litigation you do not get all your cost back apparently. This is part of the reason they are suing us. They are saying they never would have bought the house had they known about the flying club. I say a flying club, just a few chaps occasionally flying model aircraft in a few fields away. They are not even allowed under their very strict rules to come anywhere near the house. In life you have to live and let live?

Getting them awarded doesn’t mean they’ll get paid, so as the club is really loosely an organisation enforcing a costs order against them would be nigh on impossible.

You I assume have assets and an income, therefore enforcing a judgement on you is much easier. Your ex really was a fool for sending that email. I don’t know why he’s an ex now, but at this point I’m sure there’s no regrets.

[Crazy council]

Hi

Do you have the details of the claim against you and can you be specific, are they trying to claim against you for money they lost persuinging the flying club, or, did some of there claim against them get refused.

Do you have a copy of the email/corrispondance refaired to. what did they ask, in what context, anmd what did your ex say. do you know anyoje at the flying club, can you get a copy of the claim against them. that might be usfull.

[Sweepiecat]

The flying club have insurance, so it was their insurance that paid out their claim. They didn't get awarded all of their claim. They are saying they want to be put back in position before they started their claim.