Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
For now please let me know whether you purchased the house at auction?
no it was not at auction, in fact it was a bank repo house and we looked at it, we did however have to put in a offer to purchase the house, but there was a problem with tha as well as there was a dispute between the bank and the previous owners on who had to accept the offer.
Ok - did you have a survey?
And you took out insurance and then the roof was poor?
no there was no survey, the house was financed and insured by the same bank, they accessed the house and then they financed it, just after registration they congratulated me om my purchase and informed me of the insurance also being activated on the house, i then started with the renovations inside the house as i have three kids and want to get finished with the renovations as there was a lot of dust involved, after the inside is done then i would move the the outside of the building., the rain came now a month after registration, i then found water marks on my wall after a two day non stop rain, i then proceded into the roof and found a leak on the knock, and like i said i did look at the house before making an offer and i looked for the obvious things. i looked at the walls and the roof, i looked an saw that the roof needs paint but all the tiles were in place, the walls needed some paint on the outside but thee most work was inside, but never was i given any indication from the bank with regaurds to the insurance stating that there is other things that they looked at and that before they are attended to will they cover me.
Is there a clause that allows them to exclude for lack of maintenance?
when i was in the bank to ask assistance it was said,"sorry a repo house is sold as is". all that i am mostly concerned about is the fact that seeing they are coming with the story of a lack of maintenance does that then mean i can never claim until the house is 100% fixed, i mean there is a lot of proof that i am busy with renovations, but i started inside. the house installments make a big dent in your pocket so i do a bit at a time, the outside paints are alot more than the inside.
The problem you have is this.
You purchase the house.
Unless they made actual representations that the roof was fine you have a problem
You did not have a survey, when you could have had one. This may have identified the problem
The bank are right, any house you buy is sold as seen, whether it is at auction or even a private sale.
The responsibility is on the buyer to satisfy themselves as to the condition of the property, just like when buying a car
You could try and raise a claim in the county court but based on the information you have provided, this is likely to fail
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
there is somewhere a clause that i read about the lack of maintenance, but who is responsible for the maintenance, as i just bought and am busy with maintenance, the house was the banks property for two years before i bought it, was it not for the bank to keep it maintained as it is unattended, how will a buyer know if the roof needs fixing if there is no indication of damage, the indication was only made visible now with the rain so now it can be attended to. a golden rule states if it aint broke don't fix. yes the roof needed paint that is just for a face lift but like i said there was no indication that it was faulty. you may come back to me.
You are responsible. The day contracts are exchanged you are responsible for the property.
The bank has no duty to maintain. You are responsible if you want to purchase to satisfy yourself as to the condition and any survey.