Do we have redress against anyone as the house we have bought has many defects not highlighted to us?

by jumpexchange 01 April 2010 |

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Hi. Before buying our house earlier this month, we got a housebuyer's report done. We asked the surveyor to let us know when he was going to visit the house as my husband wanted to go along and point out some things that he particularly wanted to question. However, the surveyor went ahead without us. The report revealed a few specific works that would need doing. However several things have gone wrong in the weeks since we moved in that were not highlighed at all. For example, the roof is leaking. A builder has been round and said that the roof is low pitch (about 12 degrees) and the tiles fitted are unsuitable leading to capillary action causing the leak. He said that the surveyor should have picked up on this and that there are clear signs of the leak as there are water marks on the beam inside where it has been running in. We asked the owners about those marks but they said that the roof had been replaced - it was a few years ago but with the wrong tiles. The builder who came round was the one who fitted the roof - he said he told the owners that tiles were not appropriate - but he fitted the tiles anyway. He says he has been back 4 times since the roof was fitted (about 4 or 5 yrs ago).

Please can you tell me, do we have any redress on this? What can we do?
Thank you

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Comments (4)

159

JoeEasedale posted
If you wanted to be able to sue on the survey, you should have got a full structural, not a homebuyers.
However, do I recall that that newfangled HIP has a statement about everything being hunkydory from the seller?
If so, with that statement and one in writing from the builder, go see a solicitor, you should then have a case.
Posted on 02 April 2010 | Love 1 love Report
272

Swarbs posted
You may be able to get redress from the surveyor, but this will depend on the terms of the contract you signed for the homebuyers report. If you didn't sign a contract, you will have to rely on an advertising materials from the surveyor regarding what their report will and will not look at. Check their website or brochures to see what you paid for, and if any of that has been missed out. If this is the case, you should have a legal claim against the surveyor for damages.
You may also be able to get redress from the seller. The builder has pointed out the problems with the roof to the seller, so they should arguably have made them known to you. However, they can claim that if you didn't ask about the roof then they were under no obligation to volunteer the information. Did you ask the seller or their estate agent about the condition of the roof, or the property in general? If you did, and they falsely claimed it was fine, then it is a case of fraudulent misrepresentation (deliberately withholding or providing false information when asked), and you should be able to claim against the seller for damages. If you didn't ask, then they may be able to argue they weren't obliged to volunteer the information.
The statement Joe refers to is likely the Property Information Questionnaire, which can be found here:
http://www.communities.gov.uk/publications/housing/propertyinformationquestionnaire
The seller should have provided one of these. It doesn't ask about the roof specifically, but mentions damp and structural alterations, which the roof replacement could be classed as. Depending on the info in this questionnaire, you may again have a claim against the seller for fraudulent misrepresentation.
I would consult a solicitor about all three of these options and see where you get.
Posted on 02 April 2010 | Love 1 love Report
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peepobaby posted
Roof structure and covering should have been covered in the Homebuyers report. Because its unusual, the report should at the very least have identified the low pitch and suggested that a further investigation of the roof tiles was necessary, even if the surveyor may not have been able to identify defects.
For instance,
http://www.alliedsurveyors.com/newsletter/guidance/notes/norwich_peterborough/Norwich%20&%20Peterborough%20Guidance%20Notes%20Oct%2009.pdf
See section 4.1 re: roof
I think the PIQ may not be useful since replacement of roof slates, tiles etc wouldn't be classed as structural alteration. Also if a small number of the rafters, members, purlins were replaced it wouldn't be structural alteration. If all or a substantial proportion were replaced, then that would be a structural alteration. Of course, the sellers could always plead ignorance.
Posted on 04 April 2010 | Love 1 love Report
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roscopeco2000 posted
I had the very same issue jump but mine was to do with windows,the surveyors only need to check a certain amount of windows and they dont need to indicate which windows they have checked.When we got in all of the windows at the front of the house hadnt been fitted right!you could see day light through the window frame.We went surveyor omibusman spent about ages sending letters back and forth and all we got in the end was £100!i think surveys are a complete con everthing is so vague ie" there doesnt appear to to be wood worm but closer inspeaction maybe needed".Has anyone else had that!? they just cover their arses and take your money a complete con!i would also get another builder in to check the roof jump this guy might be trying to pull a fast one,his story sounds abit too conveant!
Posted on 03 May 2010 | Love 0 loves Report

Do we have redress against anyone as the house we have bought has many defects not highlighted to us?

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