previous house owners conveyancing dispute

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    previous house owners conveyancing dispute

    Hello, l would pls like to get member's advice regarding our home we bought in 2015
    After purchasing our home in full that summer, no mortgage, ..... we discovered considerable damp in all the walls of the ground floor. Most of it was clearly hidden, .... returning considerable during the coming winter months. Many of the walls soaking wet, even within a couple of months being there before the winter.
    Our Surveyors report, just mentioned possible rising damp on just a couple of small areas. We are of the opinion, our Surveyor probably ran through the house using a damp probe that was last calibrated in the 1920s ;-) ,..... We are a really laid backed family, and, just ignored chasing things up with our surveyor, ... as we were advised at the time by friends who have had bad experiences with surveyors that, we have more chance of flying to the moon on an Austin 7 than having any chance of accusing one of negligence or bad practise.
    Moving on to the end of this previous yr, ... after chatting to a neighbour about nothing, ... they informed me after l mentioned to them that the damp in our home is still proving a big problem for us, ... flaking blown up plaster throughout each room still, ... they informed me that the previous owners had a big dispute with their surveyor regarding him missing loads of damp issues when they bought the house in 2007 themselves. They went on to tell me that they were suing their surveyor.
    My question is: firstly, if the previous owners actually did go in to litigation with their surveyor through the courts, .... could we find a record of this ?
    My other questions are, .... if the matter was settled out of court, .... could we also possibly find out these settlement details ? And, .... if we did find out there was some legal dispute between the past owners and their conveyancing, .... would we be able ourselves to seek compensation for all our attempts to solve the damp issue's at our home, to date, at considerable costs?
    Thank you in advance for any advice members might give regarding this matter.
    Ronald.

    #2
    After over 6 years i think you should channel your attention and money into properly identifying and fixing the problem

    How old is the property ?

    Comment


      #3
      Originally posted by ronaldsmith View Post

      we bought in 2015

      After purchasing our home ... that summer ... we discovered considerable damp in all the walls of the ground floor. Most of it was clearly hidden, .... returning considerable during the coming winter months. Many of the walls soaking wet, even within a couple of months being there before the winter.

      We are a really laid backed family, and, just ignored chasing things up with our surveyor
      You could have stopped writing at that point.


      You didn't bother following up with your surveyor as soon as you discovered the soaking wet walls.

      You then left the problem for six years.

      You have zero chance of pursuing this with the surveyor, either directly, or through a courts.

      It's clearly 100% your problem to deal with the damp.

      Comment


        #4
        If you have plenty of money, then pursue the case through the legal system, (you wont win, but a number of lawyers will be happy for the work).

        Alternatively, use the money to fix the issues and get them sorted out.

        Comment


          #5
          oh sorry!!! We actually only became aware of the far more serious issues at our home 2 yrs ago. The previous 3 yrs we had had two companies carrying out repairs, which, which completely missed the main issue at our home. So we have only been aware of the far more major issues for the past 2 yrs, discovered, after having a very intensive inspection by a 3rd company. We have been advised by our conveyancing solicitors we used purchasing the house, that, in certain circumstances, which they inferred might well apply to us, ..... we could have 3 yrs from the date we became fully aware of the problem to make a claim.
          I apologize for waffling a bit in my opening post. Unfortunately, l am still recovering from a stroke, having just returned home after spending 4 months in hospital. I think l really must refrain from sending messages during the morning AM hours, which, ... always, seem to be a bit fuzzy for my thought processes these past months.
          Ash, thank you for reminding me, ..... "if you have plenty of money" lawyers have always sent shivers and nightmares through my bones, l can assure you of that 100%
          Neelix, our home is 1930s Art Deco period
          Thank you all once again in advance, taking time for any comments/advice.
          Ronald.

          Comment


            #6
            Originally posted by ronaldsmith View Post
            I apologize for waffling a bit in my opening post.
            OK.

            Originally posted by ronaldsmith View Post
            Unfortunately, l am still recovering from a stroke, having just returned home after spending 4 months in hospital. I think l should really reframe from sending messages during the morning AM hours, which, ... always, seem to be a bit fuzzy for my thought processes these past months.
            Ash, thank you for reminding me, ..... "if you have plenty of money" lawyers have always sent shivers and nightmares through my bones, l can assure you of that 100%
            Sorry about your stroke... but then you started waffling again! Your medical situation, although important to you, is not relevant to the problem you are asking about in this forum.

            Despite you revealing a little more information about the timing of the "more serious issues with your home" (which incidentally conflicts with what you said in your first post), I still believe that you stand no chance of pursuing this with the surveyor or through a court. New things could have happened to increase the severity of the problems in the past 5 years that would not have been apparent at the time of the survey. The surveyor's report will undoubtedly contain statements that limit their liability in such circumstances.




            Comment


              #7
              Landyman, l never mentioned we had any intention of pursuing the surveyor. Our conveyancing solicitor said that we may have a good claim against the sellers, for compensation, due to misrepresentation if, what our neighbour disclosed to us is correct, that the sellers, were in litigation with their surveyor after purchasing the house before us. If it was over the same serious issue, we ourselves only unearthed/discovered 2 yrs ago. The Sellers answered a particular question in the legal papers asked by us, .... "Not so far as the vendor is aware" Our conveyancing solicitor said, that because of this answer they gave, ... we could have a good chance to win a claim again'st them
              I can't go in to too much detail, as l'm sure you must be aware. The "conflict" you mention with my first post here, is the reason for this.
              It's not easy waking up putting a post together feeling like you have been punched in the head 20 times by "Smoking Joe", ... well at least not for an amateur like me. I really wish l could put together a less waffling "start, middle, end" clear detailed story. Hopefully sooner rather than later.
              I hope this makes more sense now. Thank you.

              Comment


                #8
                Originally posted by ronaldsmith View Post
                Landyman, l never mentioned we had any intention of pursuing the surveyor.
                OK. Although that was the (mistaken) impression I got from your first post.


                Originally posted by ronaldsmith View Post
                I really wish l could put together a less waffling "start, middle, end" clear detailed story.
                This is part of the reason that I believe you won't be successful.

                Comment


                  #9
                  Landyman, you might well be right. l'm not exactly in the right place right now, reference the old grey matter. Our conveyancing solicitor gave us their advice free of charge. Obviously, it might be the wrong advice or the other. At least we don't think it was anything, but their genuine opinion, as they didn't try to put one of their own buddies our way, ..... Just advising us to make sure we use one who specializes in that area of the law.
                  l just thought, no harm in asking you people here your opinions, and maybe getting lucky, hearing from a member who may have had a similar experience.

                  Comment


                    #10
                    Dear Ronald

                    I suggest you arrange a building survey with a RICS qualified surveyor so all issues with your property including damp are highlighted. I would ask the surveyor to include an estimate of costs to rectify issues in the report.

                    Following, I would arrange quotations with contractors and, as others’ suggested, implement works to remedy the issues and problems will only worsen over time.

                    If you feel the seller withheld and/or misrepresented information related to the property, you might have a claim against them. However, presently you do not possess any evidence that was the case. Your neighbour’s comments are not evidence and might relate to an entirely different matter.

                    With regard to the above, you may want to instruct the solicitor that acted for you in respect of the conveyance to write a letter to the seller’s solicitor to make an initial inquiry. (Ask for a quotation to write the letter and, at this stage, make it clear that is all you intend to do.) In the end, as others alluded to there is only one definite winner in litigation: the legal profession. You may spend more on litigation than on rectifying the problems and still have to pay to rectify the issues! You also need to consider the stress of litigation, which could span years, particularly given your health issues.

                    Happy New Year.




                    Comment


                      #11
                      Vmart, thank you so much for your help. Sorry for late reply. Been a bit of an iffy day. When our neighbour revealed to me 2yrs ago, that the seller of our home had almost exactly all the same issue's we have, regarding the serious damp problems, ... including going in to the details of the work they carried out, trying to remedy it, which, once l heard,... l realized right away it was a cheap and completely wrong solution to fix the issue, ... that being based on the professionals report we recently had commissioned by surveyors and engineers.(we did just intend to do what members advised me to do above, spend time and effort on just fixing the problems and don't waste time pursuing the Sellers) Who knows, lm guessing they may well of been ripped off themselves by one of the doggy Rising Damp companies, who's damp metres probably would register moisture on the surface of the Sun.
                      l will try my best not to put every single one of you here for much longer. I can tell you this much, mind, ... you have already saved me a load of money of that lm sure. As you all know, just saying "hello" to a Lawyer costs you £49.99p, not to mention bringing it up to £99.98p on saying "goodbye", that's of course leaving out the middle part.
                      I tried to wangle out of the surveyor guy when he came round after he'd finished, asking him, how we might go abt finding out if the seller was in litigation with their solicitor, and if yes could we maybe see all the documents and paperwork, on the basis that it all was to do with our home now ? Unfortunately, he wouldn't say a word about his own personal opinion on it, which, l was half expecting anyway. I bet he would have given me his opinion if not for living in the age of iphones. We think there are a few scenarios, .... either :
                      {1} the Sellers took the Surveyor to court, unlikely we think as we are of the same view a member said above, very difficult to prove negligence of surveyor on their part. Failing or winning, being irrelevant to us in our claim
                      {2} The buyer and surveyor settled out of court.
                      {3} court action dropped
                      l really wanted to ask you all. Is there a way we can get access to any paperwork between the seller and surveyor? or, can this only be done through a lawyer. Secondly. Can we gain access ourselves to any court documents, including solicitors, reference them both over this matter? l am purely guessing, but l thought if it was court papers, we would be able to see them, as this is to do with our home. Then again lm thinking no, over privacy issues.
                      The reason I am asking these questions above about possibly seeing some kind of paper trail is, l know from personal experience, when l was young, long before the internet, which l really think is a god save. l had no choice but to spend an arm and a leg then on a few matters.
                      Thank you everyone again. Ronald.

                      Comment


                        #12
                        l really wanted to ask you all. Is there a way we can get access to any paperwork between the seller and surveyor? or, can this only be done through a lawyer.

                        I doubt you will be able to access the paperwork even via a solicitor. The surveyor's report would have been sent to the seller and even if you knew the identity of the surveyor they would not be able to provide you with a report prepared for the seller.

                        Secondly. Can we gain access ourselves to any court documents, including solicitors, reference them both over this matter? l am purely guessing, but l thought if it was court papers, we would be able to see them, as this is to do with our home. Then again lm thinking no, over privacy issues.

                        As you know the name of the seller you may be able to search on the internet Court decisions to see if you can a case if there was one. However, it would be like trying to find a needle in a haystack and not all decisions are published.

                        Comment


                          #13
                          Originally posted by ronaldsmith View Post
                          one of the doggy Rising Damp companies, who's damp metres probably would register moisture on the surface of the Sun.

                          As you all know, just saying "hello" to a Lawyer costs you £49.99p, not to mention bringing it up to £99.98p on saying "goodbye", that's of course leaving out the middle part.

                          I bet he would have given me his opinion if not for living in the age of iphones.

                          when l was young, long before the internet, which l really think is a god save. l had no choice but to spend an arm and a leg then on a few matters.
                          You are waffling again Ronald.

                          It may be your stroke, or it may just be your nature. Either way, it's clear that you are going to get nowhere unless you maintain a sharp focus on the issue.

                          You have a damp problem in your property that is not going to go away. You are best off spending your money on getting that fixed.

                          Comment


                            #14
                            What do you hope to gain?

                            Comment


                              #15
                              thank you everyone sorry for late reply unfortunately l had a couple of TIA's l am ok now l think. l will reply soom thank you all so much Ronald

                              Comment

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