The UK's independent property information site

Go Back   Home Move: property forum > Property Forums > Solicitors and Legal


Solicitors and Legal Legal issues and fees about buying/selling a property.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 27-11-2009, 10:50 PM
Junior Member
 
Join Date: Nov 2009
Posts: 2
Default Seller withheld vital information - what can we do?

Hi. I hope someone can help.

We bought our house in June 2002 and have only now found out that the water supply is contaminated. We are on a private water supply, which we had tested when we moved in (and it was clear on the day it was tested). To cut a long story short, my husband and youngest son have become ill with cryptosporidium from the water and Public Health now require us to fit water treatment (which we can no longer afford to do).

Public Health have told us that the water is a known contaminated supply. They have a file on the previous owner dating back to 1987 and there was a lot of correspondence with him telling him that he needed to install water treatment. He was also told to inform any future owners of the house and leave details of the water supply with the household documents, which he did not do. He lied in the property information form. He replied 'no' in answer to the questions "have you either sent or received any letters or notices which affect your property in any way e.g from or to neighbours, the council or a government department?" and "have you had any negotiations or discussions with any neighbour or any local or other authority which affect the property in any way?". The file at Public Health shows clearly that he had received letters and notices from the council regarding the contamination in the water supply. The local searches also did not highlight any issue with the water.

I am so angry because we could have easily afforded to install water treatment when we refitted the bathroom and kitchen, but we were unaware of the problem. It has been 7 years of drinking and washing in e-coli, cryptosporidium and various other contaminants, and I've had 2 pregnancies! What can I do?

Can I claim compensation from the previous owner for withholding vital information? Can I claim compensation from our solicitor or the local authority for failing to detect the issue? If so, how?

Many thanks to anyone who can advise me.
Reply With Quote
  #2 (permalink)  
Old 29-11-2009, 09:10 AM
Senior Member
 
Join Date: May 2009
Location: Tenterden, Kent
Posts: 279
Default

It seems clear that the seller misrepresented the position, and probably fraudulently. That give you a cause of action against him, if he can be found. There is a potential issue regarding the limitation period for making a claim - usually 6 years from when the cause of action arose, unless you did not know *and could not reasonably be expected to know* that the cause of action had arisisen when it did, in which case the 6 year limitation period starts when you found out (or should have found ou), subject to a maximum possible limitation period of 15 years

You need to consult a litigation solicitor as quickly as possible, to seewhat action can be taken

Good luck!
__________________
This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum
Reply With Quote
  #3 (permalink)  
Old 29-11-2009, 08:24 PM
Junior Member
 
Join Date: Nov 2009
Posts: 2
Default

Thanks for that. I will find a litigation solicitor. I know where the seller is.
Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off


 

» Property Boards
Buying Property Selling Property Estate Agents Solicitors & Legal Builders & Developments
Property Development Home Improvements Buying Property Abroad


All times are GMT +1. The time now is 03:46 AM.


Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2012, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.6.0 ©2011, Crawlability, Inc.

Important Notice: HomeMove.co.uk does not provide professional advice on any aspect of buying, selling, developing or investing property. All posts are provided as lay opinions and not personal professional guidance. You should always seek a qualified professional for professional advice in relation to your personal circumstances. The HomeMove.co.uk forums are not monitored, and the site administrators cannot be held liable for the content of the forum. If you have any objection to any post on the forums, please either use the Report Post feature, or else Contact Us to ensure such content is properly dealt with. We are not responsible for third party links on the site.