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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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We bought a house five months ago and have since found that

Resolved Question:

We bought a house five months ago and have since found that there is rising damp in the front room and the chimney and log-burner are unsafe to use. We had a homebuyers survey which did not mention this; neither did our vendors. Do we have any protection or a way to receive some sort of compensation towards the remediation costs?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

A Buyer is under a duty to satisfy themselves as to the condition of the property, and therefore your Seller has no liability and was not under any duty to inform you of the issues you mentioned.

However, your Surveyor may be liable for not spotting the rising damp.

A Homebuyers survey should have included a test for damp and therefore provided the damp was in deed present at the time of the Survey, you would be entitled to make a claim for compensation against the Surveyor if the survey did not recommend that you get a damp contractor to check for damp. You should put your claim in writing to him, to include a copy of your damp report.

As regards ***** ***** the Surveyor would not have checked this and is not liable in this regard.

In respect of the chimney being unsafe, this should possibly have been picked up on, but it depends if this is only evident from an internal inspection of the chimney (which the Surveyor would not have been under a duty to do ). There is no harm in you mentioning the chimney issue, when writing to the Surveyor, if the Survey had not recommended that you check the chimney inspected by a suitable professional.

I hope this helps and sets out the legal position.

Kind Regards

AL

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