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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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We bought a house in September in the law society property

Resolved Question:

We bought a house in September in the law society property information form the box was ticked no for is there Japanese knot weed , the vendor had ownership of the property for 60 years and were a family of builders they sold the land at the bottom of the garden as a building plot to another couple who have now informed us that on our property this knot weed is present. When the house was on the market the vendors regularly applied weed killer to what turned out to be the effected area on a regular basis so it wasn't visable until the we had moved in and even then not discovered until the mortgage surveyer of the couple who built the house on the building plot saw that it was close to their property and now their house has been valued at nothing and it has cost them two thousand pound to have it monitored for the next three years . We are asking if we have any chance of claiming compensation to get it professionally removed .
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is it likely to cost?
Customer: replied 2 years ago.
the next door neighbour had been quoted about five thousand
Customer: replied 2 years ago.
for an expert to irradicate it its about 5000 pound
Expert:  Jo C. replied 2 years ago.
Was that following a proper survey? Seems rather high but it depends on the severity of the problem.
Expert:  Jo C. replied 2 years ago.

The seller has misrepresented the property by failing to answer the solicitors enquiry as honestly and as a result of that misrepresentation you are going to suffer loss. The loss is obviously the cost of putting this right which is (estimate) £5000.

Any correspondence in respect of this is going to be better coming from a solicitor. The solicitor should write to the seller advising them of the findings, pointing to the reply in the Seller’s Property Information Form and the survey and asking for payment of the sun.

If the seller doesn’t pay then there is no alternative but to take him to court for the losses suffered as a result of his misrepresentation.

Can I clarify anything for you?

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
can the vendor just reply by saying he didnt know it was present as in the questions there is a box that says dont know/ nit sure ? The fact that he ticked the no box is that legally binding
Expert:  Jo C. replied 2 years ago.
Did he tick No or Not Sure?
Customer: replied 2 years ago.
he ticked no