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Right when buying a house? |
p900 lover
Joined: Jan 08, 2004
Posts: > 500
From: London
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Right well this is a bit random i know but here goes, my mum bought a new house about a month ego and from day one the downstairs bathroom has not been working, basically when the guy who sold it to her did the extension he fu**ed up the drainage pipe so now the water has nowhere to go. What rights does she have? We have a written statement from Dyno Rode saying that the damage was most probably done when the extension was built. The prevouse owner is now not answering his phone because he knows he is in the wrong. Basically im prepared to do anything to get this guy to take responsibility for his actions.
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MWEB
Joined: Feb 13, 2005
Posts: > 500
From: somewhere nicer than you
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Did you have a survey done prior to buying the house ?
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procterdc
Joined: Jun 03, 2005
Posts: 334
From: Lytham St.Annes
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How old is the house? If its 10yrs or under there will be a NHBC (New Homes Building Certificate) with it, which is a 10yr guarantee. If its older, the only chance you've got is to take it up with the solicitor your mum used for the conveyancing. But other than that there isn't much she can do i'm afraid.
It ain't about how hard you hit, its about how hard you can get hit and keep moving forward - Rocky Balboa |
p900 lover
Joined: Jan 08, 2004
Posts: > 500
From: London
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Yes we had one from the bank but that only checked if it was worth the amount the mortgage was taken for. I suppose its too late now to do anything about it? |
MWEB
Joined: Feb 13, 2005
Posts: > 500
From: somewhere nicer than you
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Yup, too late indeed, proctor is right i'm afraid.
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p900 lover
Joined: Jan 08, 2004
Posts: > 500
From: London
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Well the house is older than 10 years, we are trying to get the house insurance to cover it but they're not being very helpful. if they fix it ill be happy if they say no due to it being broke before the insurance was started then i want that in writing and ill take the wa**er to court.
He is definitely not going to get away with this, mum was prepared to pay just under £3k to get it fixed. I wonder what chance i have of winning in court?
Also if i do win is he then responsible for all the legal charges? |
procterdc
Joined: Jun 03, 2005
Posts: 334
From: Lytham St.Annes
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I'm afraid it won't get to court, possibly small claims only. When a
house is bought, its basically sold as seen unless something comes up on the survey, then you're covered.
It ain't about how hard you hit, its about how hard you can get hit and keep moving forward - Rocky Balboa |
p900 lover
Joined: Jan 08, 2004
Posts: > 500
From: London
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Oh i see, well at least its a lesson for me when i come to buying my own.
He knows hes done wrong and aint answering his phone. Ill get him... |
remo74tg
Joined: Jan 15, 2003
Posts: 59
From: New York
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Did you have inspection done to the house, inspection is not bank related, buyer pays for it before purchase just to see everything is working fine. May be you mother didn't get the inspection done to save some money or if the inspection was performed she could go after the inspector. If no inspection was performed I think your mom is stuck with it.
At least that's the procedure in New York but I'm assuming it's the same in London. |
fatreg
Joined: Jul 26, 2003
Posts: > 500
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Does the HIP not cover things like this at all Dan?
I guess it sort of comes own to trust, and sadly it would appear as though matey can't be trusted!
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procterdc
Joined: Jun 03, 2005
Posts: 334
From: Lytham St.Annes
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The main things a HIP contains is the Local Search, Energy Report (A-G rating) Information on the land that the property is built on, and a bunch of other crap that's just used to beef it out so it looks like its worth the £360 it costs for this pack.
If your mum bought the property with a mortgage, the bank or building society will have done a mortgage valuation (to make sure it values up to what they're prepared to lend) Its up to your mum to have a survey on it after (if she wishes to) Three types of surveys are usually carried out..
Homebuyers - Cheapest
Full Structual - Dearest
Everyone tends to go for the middle one which is a structual survey but not as in depth as the full structual.
Hope this helps.
It ain't about how hard you hit, its about how hard you can get hit and keep moving forward - Rocky Balboa |
Topscooby
Joined: Dec 11, 2004
Posts: 414
From: The 'Sunny' South Coast, UK
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Yeah, Procterdc seems to have sumed it up for you.
Whoever you/your mum arranged your/her mortgage with will have had the house valued to see if its worth the risk of them lending you the money to buy it in the first place, and this seems to be exactly was has taken place. This valuation will in no way include any inspection of the fixtures and fittings of the property nor will it confirm the condition or whether anything is working or not...this includes the toilet/s. This really is the most basic (and cheapest) check that is performed to secure a mortgage on a property. However, if the property is older than ten years (and hence has no NHBC warranty on it) then it would be prudent to have a more indepth 'structual' survey carried out on the property to enable you to assess its condition. Unfortunately, the onus is on you, the buyer, to to collate all the information you require (other than that included in the HIP report) before you sign any contract to confirm your intention to purchase the property.
If none of the heating, electrics, and/or plumbing in the property was working then it is still your responsibility to asertain this information prior to placing any offer on the property. Most offers on property within the UK are made 'subject to survey'. This means that if any subsequent defect is found as a result of the survey on the property then you have the right to withdraw your offer without any comeback on you.
When you view a property with the intention of buying it then you should not rely on the vendor to supply you with any information which you may consider to have a detrimental effect on any possible offer that you may make on it...this is what surveys and the various searches (that your solicitor performs on your behalf) are for.
Treat it the same way you would if you were buying a second hand car...you will only find out the true condition once you have had it checked over by a mechanic (in the form of an AA and/or RAC inspection). You certainly would not (i hope) trust the seller of the car to give you the 'full' facts about the car and its history.
Unfortunately, in this case, i feel that you cannot lay the blame at anyone elses feet other than your own for not instructing a full 'structual' survey to be carried out prior to the completion of the sale....harsh, but true 
I have bought and sold several properties and would never entertain the thought of parting with my money until i have confirmed everything is in order with it. However, even i can get caught out as the house i bought last year turned out to suffer from 'water hammer' which i only discovered on the day i moved in and flushed the loo for the first time! Luckily, its not too expensive to rectify and one of my neighbours is a plumber which was a stroke of luck.
I know that this reply might not help you with your mums current situation but i hope it clarifys whos responsibility it is resolve it. However, it might be worth advising your mum to speak to her solicitor just so they can explain things (hopefully) better than i have.
Regards,
Andy 
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Posted: 2008-08-27 16:02
