HI There, We recently purchased a house in an area we believed to be quiet and without many social issues. We asked the vendors if there were any problems in the neighbourhood and were told it was a very quiet area and they were very sorry to leave. Four weeks after moving in we have been informed by one of our new neighbours that the previous owners had a huge problem with a family that lived at the rear of the property who put windows through, broke into their shed on numerous occasions and generally caused a headache throughout the entire neighbourhood. We moved to this area to get away from this kind of problem and discussed this with the vendors when viewing the property - but the issue was never disclosed to us. Would we have any redress financially from the vendors in a situation such as this - especially as we wouldnt have paid as much for the property or even purchased it at all if we had known the real situation as the family in question are still causing havoc in this area.
2007-10-15 08:11:32 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The English law does not recognise the existence of a general duty to disclose information during contractual negotiation; but even if there were then information relating to neighbours would probably be exempt. That is because the Data Protection Act 1998 prohibits individual access to personal data, of which that individual is not the data subject. A good solicitor or conveyencer will always suggest a request to the local housing authority for general information about the locality under the Freedom of Information Act but he will not be negligent in not doing so.
A misrepresentation, on the other hand, may be defined as an unambiguous, false statement of fact (or possibly law) which is addressed to the party misled, which is material and which induces that contract. That is to say, if the sellers comments about the area/neighbours induced to to buy then you may have a remedy in recission or damages.
The the three hurdles you face is evidencing the misrepresentation in a way other than in the 'your word against mine' sense; and if you could, then you would have to show, on the balance of probabiliites, that it was solely or materially, the facts misrepresented that induced you to buy the house, rather than, for example, the property itself. Thirdly, the question of neighbour nuisance is highly subjective in all but the most clear cut of cases. What you consider as 'un-neighbourly conduct' another person may not.
If you have any evidence in respect of the first point then it might be worth pursuing a claim, otherwise i'm afraid you would have no more than a 30 - 40% chance of success (on a good day) and the costs in a multi track trial where the facts are in disupte would probably not be cost effective.
You should see a local solicitor if you have some evidence.
2007-10-15 09:11:59 · answer #1 · answered by stephen.oneill 4 · 0⤊ 0⤋
Yes you do have a claim against the vendor. You are now legally obliged to disclose any problems that you have with neighbours. There have been a number of cases taken to Court over the same issue, therefore a Precedent has been set in Law.
2007-10-15 09:52:04 · answer #2 · answered by flint 7 · 0⤊ 0⤋
Questions before contract should ask if there are any problems with neighbours. If you answer no to this question and it is untrue you certainly have redress through the courts and should consult your solicitor who will look at the signed contract, and advise what recourse you might have against the seller.
2007-10-15 08:22:00 · answer #3 · answered by Spiny Norman 7 · 1⤊ 0⤋
yes if the police have been involved then you MUST be told of the problem, you will find that who ever delt with the sale of the house broke the law, if they prove that the seller never informed them, then the seller as broken the law, either way you are in-titled to a refund believe it or not and if anything happens to you or your family then the sellers are libel because they knowingly put you and your family in danger
regards x Kitti x
2007-10-15 08:22:26 · answer #4 · answered by misskitti7® 7 · 0⤊ 0⤋
I wish someone had told *us* when we bought our house that we had a nutty old man over the road, a violent alcoholic two doors down (who has threatened my partner) and bunch of horrible, trouble making little hoodies who enjoy hanging around in the street at night causing trouble. We might have thought twice before buying.
2007-10-16 01:48:31 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I think it depends whether the previous occupants reported the neighbour's behaviour to the authorities. If they did, then they had a duty to disclose it to you and I feel that you would have a case.
2007-10-15 08:17:14 · answer #6 · answered by whenyou'restrange... 3 · 0⤊ 0⤋
No i don't believe in ghost's or spirits good or evil . So on the other side yes i would I have no fear of them so i see no reason why i wouldn't spend the night in a supposedly haunted house .
2016-05-22 19:35:40 · answer #7 · answered by ? 3 · 0⤊ 0⤋
Yeah, if there is a police record, I'd say you have a case, but it's just "why didn't you tell me the neighbors were schmucks?", that's more a matter of opinion.
2007-10-15 08:20:37 · answer #8 · answered by largegrasseatingmonster 5 · 0⤊ 0⤋
problem neighbours do have to be disclosed as do any other problems like this
2007-10-15 08:59:23 · answer #9 · answered by vdv_desantnik 6 · 0⤊ 0⤋