When a house survey is not done

[Wychburygirl]

Hi,

Our house buyers do not appear to be having a survey done on the house. They don't have to because they are not applying for a mortgage.

Can anybody give me an idea about the legal implications to us, once our buyers have moved in?

Thanks in anticipation of response.

[tridentmorph]

Well, you will be delighted to hear that your buyer will soon learn a lovely latin phrase "caveat emptor". Basically "let the buyer beware".

Under the doctrine of caveat emptor, the buyer can not recover from the seller for defects on the property that rendered the property unfit for ordinary purposes. The only exception is if the seller actively conceals latent defects.

So unless you are asked anything via the solicitors and fib or you have misrepresented the property originally to them they will have no legal recourse.

The buyers will probably be advised by the solicitor to have one done (but estate agents won't, they will be delighted as one less thing to go wrong) however it is the buyers choice if no mortgage company is involved.

Good luck with your sale.

[Wychburygirl]

Thanks Tridentmorph, thats a useful piece of knowledge to have. We have just filled in all the necessary forms regarding the property so the contract can be drawn up. So they may still yet do a survey, but they are also anxious to move in as soon as possible.

[tridentmorph]

Good news then and no worries, new to site but will be helping out where I can. Don't hesitate to post any other questions.

[Slow Rambler]

Whychburygirl -- As it is now a legal requirement for the seller to provide a Home Information Pack (HIP), I presume the preparation of this involved an inspection? In which case, maybe your buyer is content to rely on the part relating to property condition (though it isn't compulsory for that part to be included in a HIP)