misleading answers

[willowman]

Bought our house and business (in back garden) just over two years ago. Finding out by conversations with neighbours and customers that some of the answers the vendor gave to the questions in searches and our enquiries were wrong and misleading, regarding flooding, disputes with neighbours and business expenses.
Do we still have a remedy, or has too much time elapsed Can we sue for misrepresentation?

[auzzie]

This sort of thing cannot be answered by a simple yes or know. Its all down to interpretation. i.e they may have had a dispute with a neighbour that was settled prior to selling the house/business, therefore as far as the vendor was concerned there was no dispute. Not lying but not telling the truth. How would customers know of business expenses unless they were part owner of the business. What you brag about and what you actually do are two different things! As far as flooding, was it a one off? If so, what happened etc? You really need to speak to your solicitor if you are not happy about it.

[Eve]

Definitely speak to the solicitor who acted for you and check their view.

Do you have a copy of the relevant documents ie Seller's Property Info Form (for resi part if completed separately) and commercial enquiries (often CPSE) and any additional enquiries or are you relying on what your solicitor relayed to you?

In what way were they misleading and have you suffered any loss that can be substantiated because of any wrong info given?

[willowman]

Sorry, just to clarify a couple of things.
Some business expenses, eg electricity costs, are higher than the vendor told us (in writing). So our business plan calculations are wrong, and we are earning less than anticipated. Obviously, auzzie, customers not involved here.
Question to vendor - has the property ever been the subject of......flooding.....? Answer - No (I have Sellers Property Info Form). Since found out that the garden where the business (boarding cattery) is situated has flooded, to such an extent that the vendor called the Fire Brigade to pump out the water. This would have had a bearing on our decision whether to purchase or not, or whether to negotiate a lower price.

[Eve]

If you were happy with them I'd definitely speak ot the sols who acted on the purchase as they will be able to get hold of the file and deeds to check and let you know your options.

They may need to refer this to a different department though eg litigation if they have oone.

Make sure you are full yaware of any cost implications and make it clear how you cwould like the situation to be remedied (may not be possible or practical) but they need to be aware of your aims.

Good Luck.