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Alice H
Alice H, Solicitor
Category: Property Law
Satisfied Customers: 2850
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

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If I buy a property and I find a problem that the owners did not tell me about do I have any recourse
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 2 years 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 2 years ago.
Do I have to sign up for the answer
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.
Did you or your solicitor ask any questions or make any searches about the track? When did the sale take place?
Customer: replied 2 years ago.
No because stupidly he told us we did not need a solicitor when we really should have got one
Who did your conveyancing? Did the seller complete a questionnaire?
Customer: replied 2 years ago.
Customer: replied 2 years ago.
He just told us we did not need a solicitor as it was a cash sale no questionnaire was filled out
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.
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 and other Property Law Specialists are ready to help you
Can I assist any further? Please remember to rate my answer so that I am paid for my time. Many thanks. Alice.
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