Sold as seen
04 Dec 2009
Legal Q&A as seen in First Time Buyer magazine
I recently bought a property and, regrettably, only had a valuation done on it. The property was immaculate, and had been completely refurbished, so I didn't think I needed one. Since buying it I have found that my home has mild subsidence issues. Could you let me know if this is my problem or the vendors? Sally Tatorski, Camberley
Answered by Corinne Browne
A partner at Buss Murton Law who specialises in property law
When you buy a property in England and Wales the overriding rule is that it is the buyer's responsibility to check the condition of the property making sure that he or she is happy that it is not suffering from any problems or defects, such as subsidence. This is usually done by carrying out a thorough inspection and commissioning a survey by a properly qualified surveyor.
The previous owner of the property will only be legally liable for any defects if those problems cannot be discovered by such investigations and if they knew about the defects and did not mention them during the buying and selling process. This is summed up by the Latin tag "caveat emptor" or "let the buyer beware" and it appears that in this case this will apply.
The only way the owners could be held responsible would be if you can prove that the subsidence would not have shown up on survey, which in this case is unlikely. Unfortunately, it will be your responsibility to deal with the problem, and not the sellers'.
You may consider making a claim on your buildings insurance policy to help with the cost.
Subsidence claims are usually subject to an excess, often as much as £1000. If you decide to make a claim, do check your policy carefully to make sure you won't have a problem with the subsidence being a "pre-existing condition", which might mean the company won't be willing to help at all.
Corinne Browne can be contacted on 01892 502388 or email cbrowne@bussmurton.co.uk