The UK housing market has seen a soar in sales since the Chancellor announced a stamp duty holiday that would last until March 2021.1 The residential property pipeline is up by 50% on this time last year.2However, this is creating a backlog and there is some concern that not all properties with sales agreed since the announcement will complete in time to be able to enjoy the relief of up to £15,000.3
There is a chance that with the rush to complete, some sellers could be tempted to hide important information about their home in an attempt to avoid any delays in a sale going through.
No cutting corners
When purchasing a new home, the buyer will ask questions to the seller to find out information about the property. This may include questions about:
- Neighbour disputes
- Planning consents for any changes to the building
- Notice of any planning applications received in respect of nearby land
- Boundaries
- Maintenance of appliances such as boilers
- Guarantees on replacement fixtures such as windows
If a seller denies or lies about the extent of any problems with the property when asked as part of the conveyancing process, this could result in a claim against them by the purchaser for misrepresentation.4
Contract disputes cover
If a customer has legal expenses cover attached to their insurance policy, they may be able to take legal action against the seller of a property or indeed defend legal action taken against them as a seller. This would be under contract disputes cover which is usually available under a typical household legal expenses policy. It is important that the terms and conditions of the policy wording are understood in respect of the cover provided.
About the author
Richard SimpkinsClaims Controller
Allianz Legal Protection