We're just selling our house and have just found out the loft conversion was done without any planning or building regulations! This didn't show up on any search when we bought the place 7 1/2 years ago - if it had we would have walked away.
What come-back do we have on the original solicitors and how can I get this conversion 'Legal' so I can sell it?
To make matters worse, we have to move by early March or the new job will fall through!
HELP!!!
2007-01-30 23:26:21 · 4 answers · asked by The Wandering Blade 4 in Politics & Government ➔ Law & Ethics
O.K. - I'm in the UK by the way.
2007-01-30 23:35:05 · update #1
File a complaint for actual damages against the seller of the property for duping you into buying it without telling you of the irregularities.
2007-01-30 23:35:26 · answer #1 · answered by FRAGINAL, JTM 7 · 1⤊ 0⤋
how on earth is a search going to show it up, you have had to inspect the property before you contracted, you could have had a survey, you can never have recourse on your original solicitors because they can only go on information supplied by the then sellers. How do you know the loft was done at a certain time, the correct answer was that you instruct your solicitors that it existed when you purchased. Planning and building regulations are usually not retrospective in nature so an old development may not now confirm to new regs but it doesn;t mean its unlawful or has to be rebuilt!
2007-02-01 11:46:29 · answer #2 · answered by logicalawyer 3 · 0⤊ 1⤋
OK, I work in an estate agents and this sort of thing comes up quite often so don't panic.
Have a chat to your solicitor and see if he can get an indemnity policy on it.
I don't know all the legalities, but it's a sort of insurance policy for your buyer, so that if anything should happen in the future, like the local council telling him to remove the conversion, he can claim the cost of the work back. A policy can be gained in a matter of days and will cost you a couple of hundred pounds max. I know that seems like a pain, but if it saves your sale then it will be worth it.
There's also the possibility of asking the council about retrospective planning permission or building regs, but I don't know anything about this.
Good luck!
2007-01-31 00:12:25 · answer #3 · answered by chip2001 7 · 0⤊ 1⤋
What country are you in??? Don't you realize that England may have different laws than the USA/Canada/India/Scotland? No one can answer your question without knowing that.
2007-01-30 23:33:28 · answer #4 · answered by AnOrdinaryGuy 5 · 0⤊ 1⤋