Ask a Law Question, Get an Answer ASAP!
Hi, thanks for your enquiry. I'm afraid to say that you will be stuck with resolving his problem yourselves. None of the searches your Solicitor would/should have revealed such an old pit and I'm sure no Surveyor would not have spotted it either. In 25 years of doing Conveyancing, I personally have never come across such a pit. I know this will be frustrating to hear, but a Buyer takes the property in its existing condition and needs to satisfy themselves before proceeding (not that the searches/Survey would have spotted this problem). Your Insurers are correct, in that they will only likely take notice if the pit had caused damage. Not sure if your Seller was aware of this pit, but even if they were, they were not under a duty to disclose this fact it unless it had caused damage to the property previously (however daft this sounds). Although it is no consolation, you have found yourselves in a pretty unique situation, with no positive outcome. Sorry this is not the answer you were looking for, but it sets out the legal position. Kind Regards Al
Hi, can I assist any further? If not, I would be grateful if you could rate my answer. Kind Regards Al