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Discovered a defect when selling

Discovered a defect when selling

Postby gazfuk » Sun Feb 12, 2023 9:04 am

Hi, I have agreed the sale of my house and accepted a deposit so no going back.

The ting is the roof has started leaking in all this bad weather and I feel I have to tell the buyer. A contractor has told me the whole roof terrace need the tiles removing and replacing and the cost will be over 10,000 Euros and could be double that.

I think I have to tell the buyer and it is only right to do so.

If they do not wish to proceed with the sale obviously I would give the deposit back in the circumstances but would I have to pay any other penalties?

Anyone been in such a situation?

Thanks.
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Re: Discovered a defect when selling

Postby Chrisdee » Sun Feb 12, 2023 9:50 am

That's seems a lot let alone double that, maybe ask somebody else for a quote or just get it sealed for now.
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Re: Discovered a defect when selling

Postby nnejy » Sun Feb 12, 2023 10:23 am

I think you are right to let the buyer know. It is an honourable thing to do. As Chris says, you should look around because I feel that is very expensive.

The only thing I would add is, please don't seal it because you will only make it worse in the long run.
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Re: Discovered a defect when selling

Postby jpeg » Sun Feb 12, 2023 10:30 am

Talk to the buyer and see if you can split the cost after all they will be getting a new roof also get some more quotes unless you have a massive roof terrace then you are being ripped
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Re: Discovered a defect when selling

Postby Adey » Sun Feb 12, 2023 11:22 am

gazfuk wrote:A contractor has told me the whole roof terrace need the tiles removing and replacing and the cost will be over 10,000 Euros and could be double that.


That's a complete rip off, tell them to sod off.

There are many reasons why a water leak suddenly appears, it can sometimes be just the fact that the wind and rain did not come from the normal direction, I've looked at roof terraces for various people over the years, none of them ever needed the whole roof replacing, it usually turns out to be something very small and easy to fix.

I take it that there has never been any sign of a leak in the past ?
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Re: Discovered a defect when selling

Postby gazfuk » Sun Feb 12, 2023 11:30 am

It is a big roof terrace covering two bedrooms. We have had black marks in the past but it is a lot worse...there has been a lot of rain mind.

What about the legal question?

If I tell the buyer and they don't want to proceed i just give them their deposit back and everyone is happy right?
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Re: Discovered a defect when selling

Postby Adey » Sun Feb 12, 2023 12:02 pm

gazfuk wrote:We have had black marks in the past but it is a lot worse...there has been a lot of rain mind.


If the roof is leaking you should see water somewhere in the house ?

But if it is only that the black mould is getting worse ? then that sounds like an internal problem.

Your legal question!! only your solicitors can answer that, because it's their job to sort it all out when this sort of thing happens.
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Re: Discovered a defect when selling

Postby Glassfull » Sun Feb 12, 2023 2:17 pm

Treat it, repaint it, forget it.

If they didn’t have a structural survey then, caveat emptor
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Re: Discovered a defect when selling

Postby Juanita » Sun Feb 12, 2023 8:45 pm

Glassfull, I believe that would be the case in the UK, however not here in Spain. If the vendor sells a property knowing there is something wrong with it and the purchaser discovers the defect within six months, under Spanish law the vendor is responsible for correcting the fault.
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Re: Discovered a defect when selling

Postby Glassfull » Sun Feb 12, 2023 9:52 pm

Juanita wrote:Glassfull, I believe that would be the case in the UK, however not here in Spain. If the vendor sells a property knowing there is something wrong with it and the purchaser discovers the defect within six months, under Spanish law the vendor is responsible for correcting the fault.



That’s quite easily deniable, if the agent and buyer are unaware.
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