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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are just about to exchange contracts on the sale of our

Customer Question

We are just about to exchange contracts on the sale of our house, unfortunately the sewer has erupted and emptied sewage all over the lawn,this has happened more than once recently.Weve contacted the water authority who is dealing with the cause which is not within the propery boundaries but on the main road. The question is do we need to tell our conveyancing solicitor or the buyer? as we may loose the buyer that it has taken two years to find. What is our legal obligation and what happens if we don't say anything and it happens again once completed?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : You should tell your solicitor who will tell the other side.
Alex Watts : You have a duty to be honest and open.
Alex Watts : You need to tell them and in effect give them a choice.
Alex Watts : If they exchange happily then they can pay for repair.
Alex Watts : they may ask you to put it right before exchange.
Alex Watts : I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-bfry1yyq- :

this seems more moral than legal. What happens if I say nothing? what's the worse that can happen?

Alex Watts : You could be sued because you didn't share the information.
Alex Watts : You have to be honest about the state of the problem. Imagine if it were you.
Alex Watts : You exchanged and found out that the seller knew of a problem before exchange but didn't tell you and would cost a few thousand to out right.
Alex Watts : Would you be happy?
Alex Watts : This is the issue here, you should disclose it.
Alex Watts : Can I clarify anything for you?
Alex Watts :

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