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Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7677
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Hi, I have bought a property about 2 months ago and there is

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Hi, I have bought a property about 2 months ago and there is a leak in the bathroom that was not showing when I visited the flat (about 3 times). It is now obvious from the painting on the wall and the humidity that there is an issue; and we can see cracks on the wall outside the bathroom. This was not disclosed by the seller and not on the survey either. Should the sellers have disclosed this issue? DO I have a right to ask them for repair? thanks.


Thank you for your question and patience, I’m Tom and I’ll try to help you.

Unfortunately, there is not a great deal of protection for house buyers in these circumstances.

You will be able to sue them if they have misrepresented the condition in their replies to enquiries, but generally they will answer “please rely on your own inspection and survey” as to any enquiries submitted by your solicitor as to the physical condition of the property.

You need to approach your solicitor and advise them of the defect and ask them to review the Seller’s replies to enquiries to see if any of them cover what has happened. If they do then you may be able to sue them for breach of contract/misrepresentation.

If there are no enquiries where they have misrepresented the situation then you won’t be able to sue the Seller for the monies.

If you have purchase the property with a mortgage and had a valuation carried out then it’s not the same as a full structural survey and it would only pick up very conspicuous matters. Even if they did miss something obvious or manifest you would probably not be able to sue the lender or the surveyor because it will say somewhere in your mortgage offer that the valuation is carried out for the lender’s benefit and not for yours, regrettably.

Start with your solicitor and see what they say about the Sellers replies to their enquiries.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kind regards,

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