With the easing of the Government restrictions the property market is back in operation. Individuals and organisations can now view properties and proceed with purchases once more.
This serves as a timely reminder that issues can arise from purchasing a property, many of which are not discovered until months or even years after completion. The good news is that there are often legal remedies available and Sintons can advise you of your options and whether you have a worthwhile claim to pursue.
Below is an overview of some of the potential issues that could affect you post purchase of a property.
Misrepresentation
The seller of a property is obliged to complete honestly and accurately the Property Information Form (TA6), and answer any questions put to them to assist the buyer with the purchase of the property. Questions such as whether a property complies with building regulations, whether a property has ever flooded and whether there have been any disputes with neighbouring properties, to name a few. If you find that the seller has provided any information or answers that are not true, it can dramatically alter your enjoyment of your property and you may be able to sue them for misrepresentation. This could involve rescinding the contract and being put back into the position before it was made or alternatively recovering damages.
Surveyor Negligence
A prudent buyer will often arrange to have a survey completed on a property before committing to a purchase. This provides them with peace of mind and an understanding on whether there are any issues with the property that will affect their decision continue with the purchase. Serious issues that are discovered may result in the buyer seeking to renegotiate the purchase price or even walking away from the transaction altogether. This is only possible if the buyer has been provided with the relevant information and where a surveyor has missed something they ought to have brought to your attention, they may have been negligent. If you discover any issues with the property that you were not notified of within any report, you may be able to sue your surveyor for negligence and recover damages.
Solicitor Negligence
Solicitors help guide buyers through the property transaction. Part of their role is to advise the buyer of any issues that may affect the property they are purchasing. Many properties have titles which contain covenants or easements that could affect how the property and land can be used. This can include rights other people have over the property or onerous obligations that might be imposed upon the buyer. It is important that the implications of issues such as these are notified to the buyer to aid in the decision-making process. If you find that your property is adversely affected and your solicitors have failed to inform you, it may be possible to sue them for negligence and recover damages.
The above is not an exhaustive list but provides examples of the types of issues you may experience after purchasing a property. If you have relied upon a representation of a seller that was not true or if you have been let down by a professional, it is important you seek legal advice to understand your options. For further information or assistance please contact Adam Hutton or a member of the Dispute Resolution Team to see how we can help.
