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Property Misrepresentation Claim? Do I have a case....need help please

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  • Property Misrepresentation Claim? Do I have a case....need help please

    Dear Legal Beagles

    I am hoping you can give me some much needed advice on a long standing issue. I have Googled 'til I've dropped and still unsure.

    I purchased a property 27 March(didn't get vacant possession until 24hrs later and couldn't move in until 16 April due to various other issues including vermin and unsanitary conditions).

    We discovered a bad leak in the kitchen the day after completion after noticing vinyl linoleum had been glued 2ft up the wall where the sellers white goods had been.

    They stated on the property information form they had a leak repaired through insurance in SEPT 2013 but could not provide evidence to our solicitor. We were told that Indemnity had been taken out, later found out this was not the case and have complained to our solicitor. They have given us half of our fee back.

    We have found that the floor is totally rotten including the joists and 3 builders have been to look at the floor and in their opinion no professional repairs have been done; the rotten joists are still in place, no membrane has been used between the joists and standard chipboard has been used to replace the floor. We have been given a quote for 2800 for the repairs. We may also have wet/dry rot so they have recommended filling with concrete.

    I currently have a small claim with the sellers for breach of contract and they have now sent information with regard to a claim for the floor in JUNE 2012 and not SEPT 2013 but its only an insurance schedule detailing a declared claim. The other document states "the surveyor has reviewed the costs" and not surveyed the repair as they have stated.

    They have led us to believe that the repair was done by the insurance when I believe they did the repairs themselves and not correctly. I believe they knew about the leak hence why would you glue lino 2 ft up the wall where we discovered the leak. We do have photographic evidence.

    It's a total nightmare and has caused so much stress in the last few months and we simply do not have the money to repair the floor.

    The seller is basically saying that we got the house cheap so.......

    I am considering another small claim under property misrepresentation.

    Any advice would be really appreciated.

    Thanks in advance


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