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Hi, thanks for your enquiry. A Seller is under no duty to advise a Buyer about the state and condition of the property, and a Buyer therefore has to rely on their own Survey. Likewise, a Buyer buys the property in the condition it is at the date of exchange of Contracts, and as the cracks are already there, you would have no liability to the Buyer in this regard. Before completion, your Solicitor is under a duty to confirm to the Buyers Solicitors whether or not any of your answers on the Property Information Form (PIF) have changed. As none of the questions on the PIF relate to the state and condition of the property, this issue does not legally need to be disclosed. I hope this assists and sets out the legal position. If I have helped, I would be grateful if you could rate my answer. Kind Regards Al
Hi, thanks for your reply. Having re-read your original question, I must apologise as I had not noted that you have previously told your Buyers Solicitor that you have had no problem with the wall. The legal position is that if you have deliberately misinformed the Buyer in answering any of his Solicitors enquiries, you could be sued by your Buyer for Misrepresentation. The Buyers Surveyor should of course spotted the cracks during his Survey, and if the Buyer proceeds without being aware of the cracks, he is more than likely going to sue his Surveyor as it would be easier for him to do so (his Surveyor will have professional indemnity insurance and in effect, the Buyer would claim on this insurance). However, he would also be entitled to sue you through the Courts, if he could prove that you have deliberately misinformed him. I therefore have to leave it to you as to whether you disclose the previous remedial works. Apologies again for my previous answer- if you had not had any work carried out previously, my original answer remains the same. Kind Regards Al
Hi, apologies for my confusing answers. The law is that you are under no duty to disclose any defects in the property whatsoever and it is entirely up to the Buyer to satisfy himself, by way of conducting a Survey. However, if the Buyers Solicitor asks a specific question and you do not answer this question correctly, the Buyer may sue you for Misrepresentation if the answer given was not true and the Buyer then relies on your answer in proceeding with the purchase. So, if you had had to get a builder in to carry out work to the wall and you had replied that you had had no problems with the wall, you may be guilty of Misrepresentation. From what you have said, however, it does not appear that you have had any problems with the wall, as such, and the presence of minor cracks, would not in itself mean that you have "had problems". My advice, therefore, would be that you needn't mention anything further on the subject, and just because you have seen the cracks from the attic, does not mean that you now have to disclose this fact. Kind Regards Al
Hi, thanks. Please could you contact customer services, who I am sure will be able to get it deleted. All the best Al