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Buying: Underpinning not declared upfront

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Old 09-01-2008, 12:13 PM   #1
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Angry Buying: Underpinning not declared upfront

Hi I'm buying a 1930s Semi in North London

I had a fully survey done and surveyor found some movement which was non-progressive hence no big issue.

The search has now brought up building regs for partial underpinning that was done in 1992, the solicitor has requested further paperwork for the work carried out. Also a garage errection was applied for at the same time.
Is it possible the underpinning has nothing to be with subsidence and is just for the garage ?.

Underpinning doesn't bother me in general as I brought a flat some time ago that was underpinned. My view was an underpinned property had a less chance of subsidence in the future. Especially important here in London were risk is medium due to clay soil.

But now i'm a little concerned about this house because:

- I may find difficulty getting insurance or at least pay increased premiums
- I wasn't told about the problem upfront

Any advice on where to go from here...
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Old 09-01-2008, 12:15 PM   #2
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Re: Buying: Underpinning not declared upfront

Guess I could ask the vendor to transfer his insurance to my name and also request 2k of the asking price towards the increased preimum costs.

Ohh on the assumption that the paperwork shows that underpinning was done for minor reasons and now all is ok.

Is it best to do this through solicitors as apposed to EA ?.
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Old 09-01-2008, 12:21 PM   #3
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Re: Buying: Underpinning not declared upfront

the vendor isnt legally obliged to declare the underpinning... i dont think
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Old 09-01-2008, 12:26 PM   #4
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Re: Buying: Underpinning not declared upfront

he's not legally unless asked on the enquries form.

Also it would have been good to know upfront as this may have effected my offer on the property.
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Old 09-01-2008, 1:03 PM   #5
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Re: Buying: Underpinning not declared upfront

If you had a full survey done and the surveyor didn't report the underpinning then I'd have thought that this would amount to negligence on their part and you may be in a position to claim reasonable costs from them (assuming that they are formally qualified and registered).
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Old 09-01-2008, 1:47 PM   #6
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Re: Buying: Underpinning not declared upfront

Quote:
Originally Posted by CDphobe View Post
If you had a full survey done and the surveyor didn't report the underpinning then I'd have thought that this would amount to negligence on their part and you may be in a position to claim reasonable costs from them (assuming that they are formally qualified and registered).
Don't think the surveyor is obliged to notice the underpinning as that may be impossible. However he does have to pick up on the movement which he has reported on. Further there is nothing to cliam I have not lost anything even if has been underpinned that doens't form the basis of a cliam however on going subsidence problems would.
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