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this post was submitted on 09 Nov 2023
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Not sure how the laws work in the UK for informing people about potential problems, but you might be doing someone else a solid if you forward the inspection report to the current owner and their agent with clear documentation proving you did even if you just plan on walking away at this point (which I would also suggest because even all the things the inspection found might only be scratching the surface).
Where I am, if you aren't aware of a problem (and aren't completely negligent to be unaware), you aren't guilty of fraud for not declaring it. But if you do know about it and neglect to inform a buyer...
This is a really good idea. My dad and I were saying yesterday it's such a waste of resources for each buyer to have to get a survey done, especially where the property has hidden issues. Would be great to have some sort of national register, where the first person to pay for a survey can then give access to subsequent buyers for a nominal fee.
I'm definitely going to give the estate agent a politely-worded email stating clearly that the seller is being at best neglectful and at worst, deceptive. I'm sure they won't be happy either about having their time wasted. I'll also pass a copy of the survey on.
The whole field is riddled with conflicts of interest. Everyone other than the buyer (and maybe their lawyer?) has an interest in a sale going through for as much money as possible, including the buyer's agent. They should be flat fee rather than % of total price commission, or even better paid over time based on how satisfied the buyer is (though admittedly this might put too much power in the buyer's hands because it's also abusable).
Insurance might be able to help here, actually. Have a policy that covers everything that isn't made clear before purchase. Then the insurance company sends an inspector and draws up a policy where they list everything they find as not covered, but any other surprise repairs or issues they will cover. Then it's not up to the seller to declare or hide anything, they can just try to get the best price without any conflict of interest and one of the parties has a vested interest in informing the buyer about everything possible.
I've done a bit of digging around into UK case law. Not sure whether it's worth the hassle, but there's a legal term 'negligent misstatement' which may be applicable. The tricky part is proving intent, if I can demonstrate that the seller has deliberately concealed pertinent information and massively overvalued the property... they might be liable for my costs.
Lots of 'might' in there though, and proving intent can be difficult. I've instructed solicitor to cease work on the exchange of contracts; wondering if I should say anything to the seller / estate agent. They wasted my time and probably £1000+ of my money, and I definitely feel a petty impulse to waste theirs in turn.
Yeah, you probably won't be able to get your money back but you can screw them out of being able to avoid declaring those issues your inspection found. Just pass the inspection on in a way that can be proven, then follow up by sending the same inspection to that address if a sale does happen along with information that you sent it to the sellers and your contact info.
Yep I was in touch with solicitor today, and they confirmed it's not worth the hassle pursuing. Though, they did seem to be misinformed re the need for a contract; a contract is required to 'negligent misrepresentation' but not for 'negligent misstatement'.
Excellent idea about passing on the details of the survey to the estate agent, that way they at least have an established obligation for future potential buyers. And I'll definitely keep an eye on it with a mind to informing the eventual poor sod who takes it on.