If the home you purchased is plagued with rats, can you seek legal action against the seller?
In a recent turn of events, a homebuyer has discovered a rat infestation in their newly purchased property, raising questions about the seller's responsibility to disclose any known issues.
The TA6 Property Information Form, filled out by sellers, requires them to provide honest and full disclosure about the condition of the property, including any issues that might affect its use or enjoyment. However, the current matter does not have evidence that the seller was aware of a rat problem.
The difficulty lies in proving what the seller knew and when. To bring a misrepresentation claim, you would need to show that the seller knew about a rodent infestation and intentionally failed to disclose it. If the seller did not know about the issue, it may be harder to claim compensation.
The procedure to claim redress involves several steps. First, collect all relevant documentation and evidence, such as the TA6 form, survey report, invoices for pest control or repairs, and any communication with the seller. Consult a solicitor who specialises in property disputes to assess the strength of your case based on non-disclosure and misrepresentation.
Your solicitor will typically send a formal letter of claim to the seller outlining the alleged non-disclosure and the compensation sought. Attempts may be made to resolve the dispute amicably without going to court. If settlement attempts fail, you may issue a claim for damages or misrepresentation in court.
The seller’s failure to disclose known problems can be a basis for a claim under misrepresentation or breach of contract, especially as transparency during the property sale is a legal requirement aimed at protecting buyers.
In this particular case, the reader heard a noise in the loft and found rat droppings. One neighbor mentioned a previous occupier of the reader's house asked a similar question, but the reader never asked the seller about vermin during the sale. Despite millions of brown rats in Britain, there is no evidence that the seller's responses to the TA6 property information form were false in the current matter.
The property survey didn't reveal the presence of rats, and the reader asked neighbors but they hadn't heard or seen anything related to rats. If no signs of vermin were mentioned in the survey, it would be unlikely that a claim could be made against the surveyor.
In summary, to claim redress for a hidden rat infestation, you will need legal support to pursue compensation through negotiation or court, adhering to disclosure rules and proper claim procedures. It is best to start by writing a formal letter before action to the seller outlining your complaint and any losses.
- In light of the current situation and the requirements of the TA6 Property Information Form, it would be beneficial for the homebuyer to seek legal advice, as proving the seller's knowledge and intentional non-disclosure of a rat infestation can be challenging.
- If the homebuyer decides to pursue a claim, they should gather all relevant documents, such as the TA6 form, survey reports, and communications with the seller, to present a strong case of non-disclosure and misrepresentation.
- Alongside following proper claim procedures, the homebuyer could consider integrating health-and-wellness practices, such as regular pest control, into their lifestyle to maintain a clean and safe home-and-garden environment, preventing future infestations.
