On Mon, 15 Jun 2009 10:17:23 -0700, NT wrote:

On Jun 15, 11:26*am, "Bob Mannix" wrote:
"NT" wrote in message

...
On Jun 15, 10:04 am, Cicero wrote:



On Mon, 15 Jun 2009 09:13:22 +0100, SeniorCitizen wrote:

Also posted to uk.legal.

I'd be grateful for comments on the following situation.

After 40 years in the same house, it's getting time to move on.
Bringing up a family, which have now flown the nest, has taken its
toll on the house, which is in need of a fair amount of
redecoration. The back-boiler
is 30 years old and won't last forever, and there are problems with
the wiring: it suffers the 'green exudation' problem, and also when
the kitchen was replaced two years ago the extra sockets and wiring
that were
put in might not meet Building Regulations and weren't certified.

Rather than live in a building site for several months - as doing
all the
work at one time is the obvious solution - just to remain in an
area we'd
much rather move away from, the tentative plan is to sell the
house, hopefully to a keen DIY-er, who can take on the problems,
adjusting the price accordingly.

What is the legal position regarding the wiring? I'm happy to be
open about the problem, but I'd like to avoid the possibility of
legal action being taken.

Thanks for your comments.

=========================================

It's up to the buyer's surveyor and solicitor to ask questions which
you must answer truthfully. You're not obliged to prepare a list of
defects for prospective buyers. Make your own private list of of any
potential problems such as those you've mentioned and get estimates
for remedying by professionals AND get prices for major items such as
a boiler, etc. This will give you some idea of the cost of DIY
remedies. Potential DIY buyers will try to reduce your asking price
by large amounts dictated by professional tradesmen when DIY will be
much less costly to them. Don't give in to exaggerated estimates of
remedial work even if your buyer is an MP.

Cic.

-What reason says one has to answer all the buyer's questions? Surely
-its for the buyer to do their own survey, reach their own conclusions,
-and accept full responsibility for their own actions based thereon.
-I've seen various pieces of paperwork that effectively say sold as
-seen, we cant even guarantee exactly where the plot ends, good luck
-mate.

You don't have to answer them but you do have to tell the truth if you
do. Choosing to remain silent is not the same as saying "I don't know"
(if it can be shown you did know). They will draw their own conclusions
from a failure to answer of course but that's fair.


"The house and land are sold as seen, as is normally the case with
property sales. The responsibility lies fully with you and your surveyor
to determine whether you think there are any issues with the property
that might affect the price you are willing to pay. I do not intend to
take on any of this responsibility or create a situation in which
lawyers can get rich deciding who might or might not be responsible for
what, and I presume your surveyor is suitably insured against such
eventualities. I presume also that you will fully insure the property if
you purchase it."


NT
==========================================

Since you don't state a source for your quotation it has very little
value. It appears to be a statement from one rather prickly vendor about
one particular transaction and as such it doesn't reflect the normal
situation.

Solicitors (and to a lesser extent, surveyors) will ask questions
about things which they consider will influence their client's decision to
buy. One of the most frequent questions asked concerns neighbour disputes
/ nuisance and there have been cases where failure to disclose such things
has led to expensive claims for damages against sellers.

Any seller is entitled to say 'don't know' to minor matters such as the
age of CH system etc. which don't seriously affect the overall value of a
property. Such relatively minor matters are usually commented by a
surveyor. However a neighbour dispute (boundary dispute, noise, trespass,
etc.) isn't usually very visible and a prospective buyer is entitled to an
honest answer on such matters.

Cic.
--
==========================================
Using Ubuntu Linux
Windows shown the door
==========================================