Selling House - Need Advice

[Lucky7even]

I would like to ask some questions about selling the house we currently have on the market.

 

This relates to the buyers and sellers form we need to fill in.

 

It asks if you have made any complaints.

 

I made a complaint to the local Council about a mobile mechanic doing up cars on the side of the road.

 

The house is in my partner's name and he didnt make the complaint - but do we need to declare anyway?

 

Secondly it asks about have you had any disputes?

 

Yes with the same mobile mechanic. He has caused problems to the off road parking (matter resolved with police help), and we've had anti social behaviour off him.

 

Can we just state that we do not get on with him due to a clash of personalities without giving too much away??

[Conniff]

It's a legal requirement, so don't fall foul of the law by giving any misleading information.

 

If problems occur later and the buyer has been given no reason to believe there were any problems, it can result in legal action being taken.

[tezza1234]

It's a legal requirement, so don't fall foul of the law by giving any misleading information.

 

If problems occur later and the buyer has been given no reason to believe there were any problems, it can result in legal action being taken.

 

Bit wrong though dont you think, i mean say you buy a house now for 200k in a nice new built road, and in 20 years you want to sell it, the road has become somewhat rough and you have had trouble, through no fault of your own, and your property is now only worth £150k, Is that fair or right

[Lucky7even]

As my husband owns the house, and he has not made the complaint, then surely he does not have to declare right?

[Conniff]

There is also the chance that the new owner might love to have a mechanic across the road from him.

[Conniff]

You could take the literal meaning of the wording if it says 'have YOU had any cause to complain', but make sure it don't also say something like 'or know of'.

[Lucky7even]

Like I said as my husband owns the property and he has not directly complained himself the answer should be no!!

[honeybee13]

Hello there.

 

I'm also wary of being economical with the truth, I'm afraid. I found this from aol when I did a google search. This is the first paragraph.

 

Don't be tempted to lie on the Property Information Form – because it could come back to bite you.

 

http://money.aol.co.uk/2013/06/10/what-should-you-declare-when-selling-your-home/

 

I'll ask if our legal guys know about this, but otherwise you might be better checking with your lawyer.

 

My best, HB

[honeybee13]

Here's the Law Society pdf of explanatory notes on the property information form. I think section 2 is relevant.

 

One of the things it mentions is that you should mention anything that could lead to a dispute in the future. From the notes:

 

This section aims to provide information about any existing disputes, or complaints or anything that could lead to a dispute in the future.

HB

[raydetinu]

The dispute or complaint will be registered to that address irrespective of who actually made it!

[Lucky7even]

Hello there.

 

I'm also wary of being economical with the truth, I'm afraid. I found this from aol when I did a google search. This is the first paragraph.

 

Don't be tempted to lie on the Property Information Form – because it could come back to bite you.

 

http://money.aol.co.uk/2013/06/10/what-should-you-declare-when-selling-your-home/

 

I'll ask if our legal guys know about this, but otherwise you might be better checking with your lawyer.

 

My best, HB

 

 

We wil state that parking issues have beenresolved due to the access lines being put across the driveway, and that we dont get on with the mobile mechanic?

[honeybee13]

Or you could ask your lawyer...

 

HB

[steampowered]

I think this is risky. Remember that there are two entirely separate questions here: (1) if you have made any complaints and (2) if you have had any disputes.

 

In relation to the first question, it would depend what is meant by "you". You might get away with arguing that "you" only extends to the person filling in the form (i.e. your Partner) and not the other occupants of the house, though I don't think you can be sure either way. The second question is more difficult. Clearly, there was a dispute here; and since it is your partner's house he was involved regardless of who made the initial complaint.

 

Stating simply that there is a "clash of personalities" or "you don't get on with him" is misleading. In fact you might be better off failing to answer the question. If you simply said "no" in answer to the question it may be possible to claim that you merely forgot about it and thus while your answer was correct, it was only a negligent misrepresentation. On the other hand, saying you simply "don't get on with him" looks fraudulent. That answer would suggest to a judge that you thought about the issue, realised it should have been disclosed but deliberately chose to give a misleading answer. Whether a misrepresentation is fraudulent or negligent has important implications for the kind of remedies available in court.

 

The safest course of action would be to disclose that there was a dispute about off-road parking and state it has been resolved. The buyer may ask for further information. In reality it is common for people not to disclose these things or to give misleading disclosures, and they usually get away with it given the cost/difficulty of actually bringing a claim based on one of these questionnaires ... but it is a risk.

[Lucky7even]

I think this is risky. Remember that there are two entirely separate questions here: (1) if you have made any complaints and (2) if you have had any disputes.

 

In relation to the first question, it would depend what is meant by "you". You might get away with arguing that "you" only extends to the person filling in the form (i.e. your Partner) and not the other occupants of the house, though I don't think you can be sure either way. The second question is more difficult. Clearly, there was a dispute here; and since it is your partner's house he was involved regardless of who made the initial complaint.

 

Stating simply that there is a "clash of personalities" or "you don't get on with him" is misleading. In fact you might be better off failing to answer the question. If you simply said "no" in answer to the question it may be possible to claim that you merely forgot about it and thus while your answer was correct, it was only a negligent misrepresentation. On the other hand, saying you simply "don't get on with him" looks fraudulent. That answer would suggest to a judge that you thought about the issue, realised it should have been disclosed but deliberately chose to give a misleading answer. Whether a misrepresentation is fraudulent or negligent has important implications for the kind of remedies available in court.

 

The safest course of action would be to disclose that there was a dispute about off-road parking and state it has been resolved. The buyer may ask for further information. In reality it is common for people not to disclose these things or to give misleading disclosures, and they usually get away with it given the cost/difficulty of actually bringing a claim based on one of these questionnaires ... but it is a risk.

 

Thanks. The Estate Agent stated just to disclose about the off road parking, which has been resolved since having access lines painted, and the police having a word with the idiot concerened.

 

As you state, my partner who will be filling in the form, hs not made any direct complaint regarding the mobile mechanic, so I guess the answer could very well be "NO".

 

I made the complaint, and the council has not followed it through they only sent him a warning letter, nothing else was done.

[ericsbrother]

I would have thought the answer is yes, a complaint over a neighbour at NoXX carrying out commercial actvities on the street without council permission - now resolved.

There will be a record of the complaint held by the council and you will be contacted if the matter flares up again after the sale has gone through and it wont be to your benefit. A court will read the word "you" as referring to all occupants of the property, whether they have an legal interest in it or not so dont try and play with words as it will come back to bite you.

[Lucky7even]

When I sold a house previous to this, again there was an ******* living next door.

 

The solicitor simply told us just to put "Dont get on with ** due to a clash of personalities".

 

I was wondering perhaps with this to simply put "Dont get on with ** due to previous parking issues (now resolved, and other issues (now resolved".

 

Am I right to state that as it then covers everything going!!??

[honeybee13]

Hello there.

 

It worries me a little that we are giving advice on something that could come back and bite you later, and cost money. As you're paying a lawyer and have asked him other questions, have you asked him about this please?

 

HB

[Lucky7even]

I finally received the conveyancing forms the morning.

 

I foned them up and asked what to put for disputes and complaints.

 

I was correct just to state that we had parking issues caused by a mobile mechanic who lives 3 doors away, but the issues have been resolved due to having white lines painted across drive.

 

As for the complaint direct to the council regarding him being a mobile mechanic, this does need to to be disclosed as complaints to the council are confidential and details wont be given out under freedom of information.

[Lucky7even]

We decided to sell and have been on the market since 9th July.

 

We've had 5 viewings so far, and a silly low offer of £140K but we rejected it.

 

Our house is on the market for £150K.

 

We are wondering is it us or is the housing market slow?

 

We've had positive viewwings, but no serious offer as of yet.

 

Is this normal?

[filrobbo]

Ah yes it's called a recession .

[Kraken1]

if it on for 150k, and you had an offer for 140k, that is not silly, it is pretty good.

 

Most savvy buyers will knock 10% off the ticket price.

 

Some areas are selling really well and really quickly, others are stagnant. In some areas it is a buyers market, others a sellers. Price your house properly and stage it correctly (de clutter, refresh decor etc) and it will sell well.

 

Where in the country are you, and what sort of property is it? House, flat? Leasehold, freehold, detached etc. Also what is the surrounding property like? Different properties should be expected to sell in different time frames depending on where they are in the chain.

[Kraken1]

I'd be brutally honest - this sort of thing can come out very easily and I wouldn't be worried about the council disclosing the complaint, I'd be worried about others. What if he starts up again, and the new owners complain? He then says something like 'ive been through all this with the previous owners and it was all ok...'

And bosh, you are on the wrong end of a claim, and the council may then disclose the complaint... After all you are relying on the chap you complained about not wanting to shaft you...

 

Also worth googling Howd v Console-Verma. No idea how it turned out but I suspect that it settled at a large cost.

[Lucky7even]

Well, mine is a 2 bed end of terrace.

 

We have got very good well sized rooms, and we have a 13 foot by 10 foot conservatory on the back which has a gas central heating init.

 

We are in a good catchment area i.e close to all ammenities, and we have a secluded good sized back garden which backs onto woodland.

 

We keep our house clean and tidy and cluter free. We have had most rooms painted in magnolia.

 

We know the kitchen needs doing, but everywhere else is fine.

 

Other properties seem to have sold signs up apart from ours!!

 

There are other 2 bed houses in the area going for slightly less money, but there rooms are much smaller and they havent got the big conservatory as ours.

 

So we are a bit mystified as to why we havent sold yet!

[Lucky7even]

The Council are not allowed to disclose complaints as it comes under Data Protection, and that complaints are held in confidence.

 

All I have disclosed on the buyers and sellers form is that yes we have had parking issues with him due to being a mobile mechanic, and we have made complaints to him regarding the issue.

 

The bloke is rather obnoxious and regularly uses foul language in the street.

 

We try our best to avoid contact with him, and his family are also nasty.

 

At the end of the day he cannot prove who made the complaint, so he can say what he likes!!

[honeybee13]

Hello there.

 

Have your agents given you feedback after viewings? In my experience, they usually ask potential buyers what they think, or they should.

 

HB