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Alice H
Alice H, Solicitor
Category: Property Law
Satisfied Customers: 2847
Experience:  Partner in national law firm with 20+ years legal experience
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If I buy a property and I find a problem that the owners did

Resolved Question:

If I buy a property and I find a problem that the owners did not tell me about do I have any recourse
Submitted: 10 months ago.
Category: Property Law
Expert:  Alice H replied 10 months ago.
Good evening. My name is ***** ***** I am a lawyer based in London. Could you explain in a little more detail what the sellers did not tell you?
Customer: replied 10 months ago.
When we purchased a holiday home we was not told that a scrambling track was in the next field which is used on Saturday and Sunday
Customer: replied 10 months ago.
Do I have to sign up for the answer
Expert:  Alice H replied 10 months ago.
The existence of a scrambling track is not a standard question raised in the sellers questionnaire; unless you or your solicitor asked a question about the existence of the track, it is not something that the seller is necessarily obliged to disclose.
Expert:  Alice H replied 10 months ago.
Did you or your solicitor ask any questions or make any searches about the track? When did the sale take place?
Customer: replied 10 months ago.
No because stupidly he told us we did not need a solicitor when we really should have got one
Expert:  Alice H replied 10 months ago.
Who did your conveyancing? Did the seller complete a questionnaire?
Customer: replied 10 months ago.
No
Customer: replied 10 months ago.
He just told us we did not need a solicitor as it was a cash sale no questionnaire was filled out
Expert:  Alice H replied 10 months ago.
Where the seller makes a misrepresentation or misleads you about the property you can sue for damages for breach of contract. You could look to make a claim and you could argue that you were not properly informed of the the track etc but the counter argument is, of course, that you failed to make any enquiries.
Expert:  Alice H replied 10 months ago.
It doesn't really matter this was a cash sale - the point is that if you believe the seller has misled you, you could sue for damages for breach of contract based on misrepresentation.
Alice H, Solicitor
Category: Property Law
Satisfied Customers: 2847
Experience: Partner in national law firm with 20+ years legal experience
Alice H and 2 other Property Law Specialists are ready to help you
Expert:  Alice H replied 10 months ago.
Can I assist any further? Please remember to rate my answer so that I am paid for my time. Many thanks. Alice.
Customer: replied 10 months ago.
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