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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Approximately 18 months ago we purchased a property. The

Resolved Question:

Approximately 18 months ago we purchased a property. The vendors were asked specifically to confirm that there was no disturbance from a local airfield. The request was made to the vendors solicitor but the reply, which was that there was only intermittent noise from light aircraft, cannot be found. The purchase was completed on 1st February.
By April we discovered that a local aerobatics pilot flew regularly over the village and caused significant disturbance. Complaints, not from the vendors but from neighbours, had been made about this to the local MP and councillors but with no effect. We have tried to get used to the invasive noise but cannot.
Do we have a possible action against the vendors for non-disclosure, especially as they knew we were concerned about noise pollution.
Submitted: 3 months ago.
Category: Law
Expert:  Joshua replied 3 months ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. Would I be correct to assume that you retained a solicitor to act for you in the purchase?
  2. If so has he also lost the reply?
Customer: replied 3 months ago.
the whole transaction was handled by a solicitor from the start. this was Deborah Orrit of Birchall Blackburn in Chorley Lancashire. They forwarded the files sometime ago but my wife has a copy of an email to them making it clear that we would nt proceed without satisfactory answers.
Expert:  Joshua replied 3 months ago.

So the solicitors have not retained the replies received or did they never raise the enquiries? You mention you recall sight of a response so I assume they must have raised them?

Customer: replied 3 months ago.
I am sure that they did as they were very thorough throughout. If we do not have the reply, and I will did out the papers to see if it is in there, would I be correct in assuming that the case is, at best, ***** ***** be very thin, or is there an obligation to inorm us of any noise nuisance of which they would have been aware?
Expert:  Joshua replied 3 months ago.

Yes your contract will almost certainly have a term in it that only replies given in correspondence between your solicitor and the sellers can be replied upon as representations by the seller so obtaining the sellers written replies is likely to be fundamental. However your solicitors should have retained these on their file. If they have lost them this could amount to negligence on their part for which you may have a claim if you can show that it was specifically requested as an instuction and even more so if you made it clear it was of central importance to your purchase of the house.

Notwithstanding the above if you can show that the sellers representation was either wilful or negligent, i.e. that they did or must have reasonably known about nuisances but failed to disclose them this can amount to a misrepresentation for which you may either be able to claim damages for loss of amenity (this would typically require a report from a surveyor as a guide to the impact on property value) or if you can show that the issue was central and fundamental to your purchase of the house you can seek recission of the contract whereby the contract is voided and all parties are put back in the position there were in prior to the transaction, but quite a high standard of proof is required to seek this remedy - you have to typically show that the issue was of essence - that you would not have bought the house had it been disclosed.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: replied 3 months ago.
Thank you Joshua. My final query is, in your experience, would the fact that neighbours had complained to the council and the local MP about the problem, which is a matter of public record, and that a neighbour states that she had discussed it with the vendors be sufficient for the vendors to have declared it as a known nuisance. The problem began in 2011 and continues. The problem commences in late March and lasts until mid September, As the house purchase was undertaken outside this period we had no indication that this nuisance exists.
Expert:  Joshua replied 3 months ago.

If the neighbours were willing to give a statement to this effect this would be very strong evidence in your favour. Additionally if there was any form of local consultation following the MPs involvement this would also be very strong evidence against the sellers. In addition the nature and length of period of the noise in and of itself stands in its own right as it is difficult to claim that they were not aware of the issue for such a sustained period of time. Once or twice a year, perhaps if they claimed they were away for example but not half the year.

Locating their reply is going to be crucial and your initial step before you consider whether to move forward.

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Joshua and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Thank you Joshua. You have been most helpful and we now understand what our options are.
Expert:  Joshua replied 3 months ago.

I'm glad I was able to assist. It is almost September so only a month or so left to endure. If I can assist any further please do not hesitate to revert to me.