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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10779
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Ive just purchased a property, post sale we were told by the

Customer Question

I've just purchased a property, post sale we were told by the seller that the property had previously had a subsidence claim, this wasn't declared pre-transaction and wasn't picked up nor picked up by our solicitor or surveyor who did a full buildings survey. There is a significant impact on our home insurance premiums and potentially the value of the property, is there any potential comeback on any of the three parties involved? Thanks
Submitted: 5 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 5 years ago.

Hi there,

Thanks for your enquiry.

Firstly, I'm afraid the Seller was not under a legal obligation to inform you of any such subsidence claim (morally yes, but legally no).

Unless the claim resulted from a coal mine subsidence claim, your Solicitor would not have been aware of any claim, and nor would any of his searches/enquiries revealed the same. If it was a coal mining subsidence claim, depending on when it was made, this WOULD have been revealed in the Coal Mining Report your Solicitor should have undertaken, if indeed the property is in a coal mining area.

Subject to the above, your only possible claim is against the Surveyor if you have had a full Building survey. Although I am not a Surveyor, and therefore not qualified to say for sure, there is a possibility that the Surveyor may have picked up that there had been some subsidence. You would need to speak to an independent Surveyor to get a professional opinion on this.

I hope this clarifies the legal position for you.

Kind Regards