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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10603
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have bought a leashehold flat with a share of freehold.

Customer Question

I have bought a leashehold flat with a share of freehold. There was a flooding incident and in resolving this it became clear that there is likely asbestos in the wall and cheaply and badly installed heating system. What rights have I got to claim from previous owner for failing to disclose?
Submitted: 12 months ago.
Category: Law
Expert:  Aston Lawyer replied 12 months ago.

Hi, thanks for your enquiry. I am afraid that it is very unlikely that you will have any claim against your Seller. When buying a property, a Buyer purchases it in its existing condition and it is a case of "caveat emptor" ("Let the Buyer beware"). Hence it is up to a Buyer to satisfy themselves as regards ***** ***** and condition of the property and a Seller is under no duty whatsoever to comment or disclose anything relating to the state of the property-it is up to a Buyer to rely on their own Survey. Only if your Solicitor had raised a specific enquiry to the Seller's Solicitor querying the existence of asbestos and the heating system and the Seller had deliberately lied about there not being asbestos/that the whole heating system was installed correctly, would you have a claim against the Seller. I am sorry this is not the answer you were looking for but it sets out the legal position. Kind Regards Al

Expert:  Aston Lawyer replied 11 months ago.

Hi, if I have answered your question, I would be grateful if you could rate my answer. Thanks Al

Customer: replied 11 months ago.
Thanks
Expert:  Aston Lawyer replied 11 months ago.

Thanks Anna. If I have answered your question, I would be grateful if you could rate my answer. Kind Regards Al

Expert:  Aston Lawyer replied 11 months ago.

Hi Anna, please don't forget to rate my answer. Thanks Al