Buying a house is a big investment, and it’s important to do your due diligence to make sure you’re getting a good deal. However, even if you do everything right, there’s always the possibility that the seller may not have disclosed all of the problems with the property.
If you’ve bought a house with problems not disclosed, you’re not alone. It’s estimated that up to 1 in 5 buyers experience this issue. But don’t despair, there are things you can do to protect your rights.
What are your legal rights?
In the UK, sellers have a legal obligation to disclose any known defects or problems with the property. This includes both physical and legal issues, such as structural problems, boundary disputes, or planning permission issues.
If the seller fails to disclose a problem, and you later discover it, you may be able to take legal action against them. You could sue for damages, or you could ask the court to rescind the sale (which means that the property would be returned to the seller and you would get your money back).
How to prove that the seller knew about the problem
The most important thing is to be able to prove that the seller knew about the problem before they sold you the house. This can be difficult, but there are a few things you can do to gather evidence.
- Keep all of the paperwork from the sale, including the property survey and any correspondence with the seller.
- If you have any concerns about the property, ask your solicitor to investigate. They may be able to find evidence that the seller knew about the problem, such as previous repairs or maintenance work.
- If you do take legal action, you will need to present this evidence to the court.
What if the seller refuses to cooperate?
In some cases, the seller may refuse to cooperate with your investigation or to acknowledge that they knew about the problem. If this happens, you may need to take legal action to force them to comply.
You can also try to negotiate with the seller to resolve the issue without going to court. This may involve asking them to pay for repairs, or to reduce the price of the property.
What if I can’t afford to take legal action?
If you can’t afford to take legal action, there are still some things you can do. You could try to contact your local Citizens Advice Bureau, who may be able to offer you free or low-cost legal advice.
You could also try to negotiate with the seller directly. If you’re able to reach an agreement, this will be much cheaper than going to court.
Conclusion
If you’ve bought a house with problems not disclosed, don’t panic. There are things you can do to protect your rights. Gather evidence, contact a solicitor, and negotiate with the seller. With a bit of effort, you should be able to resolve the issue and get the compensation you deserve.
Here are some additional tips for buyers:
- Get a professional property survey before you buy a house. This will help you to identify any potential problems with the property.
- Ask the seller questions about the property’s history. This will help you to determine if there are any undisclosed problems.
- Be wary of sellers who are reluctant to answer your questions. This could be a sign that they’re trying to hide something.
By following these tips, you can help to protect yourself from buying a house with problems not disclosed.