Vendor lied about house flooding?

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zipee

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So I closed the sale on a house just before Christmas. I specifically asked the Estate Agent if the house had flooded and he said definitely not. I then asked my solicitor to put the question to the vendor's solicitor.

They came back that vendor stated that the house has not flooded since it was built. However, now doing work on it, I became suspicious - bad smell and small bits of damp above skirting here and there downstairs. Survey gave it clean bill and said this was very small bit of rising damp but nothing of consequence and probably due to a corner of damp course being bent back.

So I asked next door neighbour and she assures me they were all flooded in past 18mths!! Right the way through house. Now my house is the lowest lying on the block so my house would have likely gotten the worst of it.

I am fuming. I am now looking at flood prevention measures which will prove costly. And that is money I just don't have. It was a flash flood.

So is this legal? Can he lie like that? Do I have a leg to stand on?

Any advice very welcome. Also if anyone knows where I would begin to find someone that will advise on how exactly to protect house - what needs to be done etc......
 
What does your solicitor advise?

Have you been able to get insurance your new house? Is flooding included? Is there any loading?
 
If you asked the question thru your solicitor and they responded thru that channel then surely you have some legal recourse. Ask your solicitor for input on where to go next.
 
Only found out today & solicitor not back till mon. Don't know if I will ever get rid of the smell. I insured house answering all questions honestly but now that I know about it I will, I assume have to go back to insurers??

Been in the dumps all day over it & just feel really cheated & dreading what can of worms I may have bought...
 
Do you know if the question and answer between your and the vendor's solicitors was in writing? If it was, then you have solid evidence that the question was asked, and was answered fraudulently. You should then be able to sue the vendor. Your best option might be to try and return the house, and get them to refund you in full including all your expenses.
 
zipee said:
So I asked next door neighbour and she assures me they were all flooded in past 18mths!
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zipee said:
Been in the dumps all day over it & just feel really cheated & dreading what can of worms I may have bought...
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Until you speak with your solicitor and other relevant professionals I would not allow idle chatter from your new neighbour cause undue worry.

What was the nature/cause of the reputed flooding (Burst water mains, burst internal plumbing, storm water, river water, sea water or some other source)?
 
Flooding

Not sure what type of surveyor you used - friend's husband is a Chartered Building Surveyor www.scsi.ie and said this is the first thing he would check for nowadays, when preparing report.

Flood mapping from OPW is readily available- [broken link removed]
 
Well it was a day we got 30 days rain in 12 hours. So it was rainwater flash flood. It came in front and back and entire ground floor was under 12 inches of water. Since posting I have pulled kickers off kitchen and black mould everywhere. Also pulled off a few skirtings and the same. I can't move into this house with an asthmatic child.

I am fuming!

I asked estate agent if it ever flooded and he instantly said no. But I followed up with my solicitor and she put question to theirs. Their solicitor replied in a letter that the vendor stated it never flooded. So I have that.

It seems that the vendor never dried out the premises properly after it and now over a year on the mould is growing all over downstairs. I can now see faint mould on skirtings so I suspect they wiped them down prior to sale. Can;t keep paying rent and mortgage. Even if this gets sorted it will take months. Meanwhile I am a single mum with 2 smallies.

It;s just crap! We were so excited over our new home.
 
zipee said:
Well it was a day we got 30 days rain in 12 hours. So it was rainwater flash flood.
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24th october 2010, was the day for your reference, what a busy period that caused.

I cant see how a surveyor would not pick this up or at least query the mould growths and damp smell that must be in the property if it is as bad as described
 
kkelliher said:
24th october 2010, was the day for your reference, what a busy period that caused.

I cant see how a surveyor would not pick this up or at least query the mould growths and damp smell that must be in the property if it is as bad as described
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He spot one small bit and said it was probably where the damp course peeled back before concrete was poured and not a real problem. We pointed out another and he said it was just bad paint. All the mould is behind the scenes. The owner had cleaned the day before he did the check. He thought it was a lovely house with minor lazy plumbing issues and that was it.

I spoke with a friend who had an issue with a surveyor before and they said it is only their brief to check the structural safety of a home, anything else is outside their brief??
 
Really sorry to read your story Zippee. My house flooded that fateful night in October 2011 and it was devastating. I would probably pursue the legal route for starters as you seem to have a paper trail that includes misrepresentation of the facts. Assuming you needed a bank morgage survey for the property, then the bank surveyor (and your own) should have professional indemnity insurance that you could also possibly claim agianst. If you do need to move into the property I suggest you consult with a drying Company like the Damp Store who could survey the dampness and make recommendations such as industrial dehumidifiers, anti-fungal and anti-bacterial sprays, etc. For flood protection measures (which I have since put in place) I would recommend FloodGate Ireland (based in Limerick) that I found good to deal with and relatively good value. They would also provide free consulation / recommendation. I am guessing your property is in Dublin and they do a lot of work around Dublin. I could go on / write a book on dealing with a flood disaster but maybe follow some of the steps suggested and see where that leads. Its a crap situation to find yourself in but take some action steps and you will start to feel more in control of the situation.
 
Thanks dublin dude. That is a very helpful post. I will follow up on those contacts. Thanks again
 
Bank surveys are valuations only, they are usually done by estate agents not surveyors.
 
Yes its misrepresentation since you specfically asked the question. If you hadnt asked the question they would not have needed to disclose.

You have a very strong case, speak to your solicitor at the least i would expect the repairs to be done for you

You could have dual misrepresntation if you show teh estate agent knew. Certainly teh owner knew
 
Wasn't referring to OP, another poster had said they could possibly claim against bank surveyor, just pointing out banks don't generally hire surveyors only valuers.
 
You may have a claim against either the vendor or the surveyor (not bank valuer). The only person who can advice you on this is your solicitor. Does the vendor live in Ireland and is he a mark?
 
Bronte said:
The only person who can advice you on this is your solicitor.
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Agreed.

What was the exact question asked of the vendor and his agents? Was there ever a written response to the question?

Have you had any difficulty insuring the property?
 
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