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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10347
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I purchased a property in Dec 2015 and we have since started

Resolved Question:

I purchased a property in Dec 2015 and we have since started work on a small extension which has uncovered underpinning works. The previous home owner did not disclose this and answered no to any underpinning on the property questionnaire. We would not have bought the property had we know. Is there anything we can do about it?
Thanks
Submitted: 11 months ago.
Category: Law
Expert:  Aston Lawyer replied 11 months ago.
Hi,Thanks for your enquiry, and am sorry to hear of your plight.Where the seller makes a misrepresentation or misleads you about the property you can sue for damages for breach of contract. You could look to make a claim and you could argue that you were not properly informed of the underpinning.You would have to show that the Seller deliberately withheld the information from you.You should therefore get in touch with your Solicitor and he will be able to advise you fully. Any claim you make would be for the amount equal between the value of the property had it not been underpinned and its current value.I hope this assists and sets out the general legal position.Kind RegardsAl
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10347
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 11 months ago.
The neighbour at the rear and a structural engineer (who did the new calculation) who lives down the road said it was underpinned around 20 years ago. The women we bought off lived here 15 years but the structural engineer said he didn't believe the previous owner wouldn't have known. As she handed over the keys she told us she had to gave all the drains replaced and left us all the documentation she had not mentioned it previously. This wiuld also gave brought up the underpinning. Do you think we have a case to sue?
Expert:  Aston Lawyer replied 11 months ago.
Hi,Apologies for the delay.I'm afraid that IF the Seller wasn't aware of the underpinning, then you have no case against her whatsoever. Only if she was aware and had then failed to disclose it to you, would you have a case.With any house purchase, the Buyer takes the property in its existing condition and must therefore satisfy themselves as to the condition of the property before proceeding (sadly in your case, of course, even a normal Survey wouldn't have revealed the underpinning).Sorry this may not be the answer you were hoping for.Kind RegardsAl

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