Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
There is no strict limitation period after which a dispute is "struck from the record" so to speak however not all disputes necessarilu have to be disclosed.
Are you able to briefly outline the dispute in qestion and when it happened. Are relevant neighbours still present?
Was the dispute fully resolved? Any further issues?
I sold my last property 5 years ago at which time no disputes were happening, however 10 years before my husband and I settled a dispute with a neighbour using the courts, however settlement was made out of court. the current owners of my property are now complaining that they were not aware of this dispute
Thanks. Has the dispute reignited or caused any material loss to the buyers?
The owners are now telling me that they have suffered considerable annoyance and are now seeking redress
Thanks. If you have already sold the property, there is a limitation period that exists. the buyers have a period of six years from the date of contract in which to sue in court. After six years has lapsed, they are out of time and no action can be taken by them regardless of merit
As regards ***** ***** they have a claim potentially if they were to issue proceedings before a six-year period has elapsed, a dispute of the nature you refer to would have been necessary to declare if asked. There is no duty to declare anything when selling a property to a buyer unless you are actually asked but where you are asked a question and you provide a response, you can be held liable for either of false or misleading reply to that question
however, it does not follow that the failure to declare something in response to a question asked would necessarily mean the buyers can make a claim against you for misrepresentation. In order to bring a successful claim, they would need to be able to show that financial loss has been incurred as a result of the misrepresentation - claims for financial loss can include claims for nuisance. They will also need to show that any current dispute was broadly on the same terms or people as the earlier dispute tthat was not declared. If it is an entirely new dispute or with new people, this would not normally be sufficient
Thank you for reply I assume your advice would therefore be for me to seek further legal advice on this matter even though all questions on the Property Information Form were completed in good faith
I think initially the ball is in the buyers court and therefore you could wait for them to make the first move. If you are nearing the six year mark, one tactic might be to play the time to get you over the six-year marker after which the problem goes away regardless of merit. Remember that the buyers must actually issue proceedings in court in order to stop the six-year clock from ticking.
Whether you choose to involve legal representation at this point is a question for you to determine based upon cost and benefit. There is nothing stopping you answering correspondence personally taking care not to admit any liability directly or indirectly; if you feel that there is a risk that they will issue proceedings and they are not out of time, you may this stage if not before, choose to instruct your own solicitor to assist
if you can find out as many details from the buyers in the meantime that would be no bad thing is you can use these facts and details to assess the potential quality of their claim against the above criteria
Does the above answer all your questions or is there anything I can clarify or help you with any further?
Thank you I think that answers my question for now
I hope you are able to resolve the matter amicably
If I can assist any further as the situation develops please do not hesitate to revert to me
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