disclosure on prelim enquiries

Logged in as: Guest

Users viewing this topic: none

Printable Version

All Forums >> [Discussion topics] >> Selling Your Home >> disclosure on prelim enquiries

Page: [1]

Message

<< Newer Topic Older Topic >>

Guest

disclosure on prelim enquiries

We live in a dyso house and are opposite an unconvicted paedophile. He has been arrested for theft of some of my items and stalking which has continued with a vengeance. Having four children we are desperate to leave this house and would like to sell our half. Am I right in thinking that the problems with this neighbour must be disclosed to any potential purchasors. I would be grateful for any thoughts/knowledge on this.

0

Report Abuse | Date 13/4/2004 8:39:00 AM

Ian Spencer

Posts: 256
Joined: 16/1/2003
From: England

disclosure on prelim enquiries (in reply to Guest)

" unconvicted paedophile "

So, let me ask, how do you know he is a paedophile if he is unconvicted?

If you tell ANY of your potential buyers that this guy is paedophile then I hope he takes you to court for liable.

If he hasnt been convicted, then I fail to see how you can categorically prove he is one.

If he has been arrested and convicted of theft and stalking, then you have a right to inform any potential buyers, as I say, as long as he has been convicted.

0

Report Abuse | Date 13/4/2004 4:30:00 PM

Guest

disclosure on prelim enquiries (in reply to Guest)

To Mr Spencer,

I don't wish to enter into an argument with you, the question was genuine. Have your children been sujected to another man's genitals, urinating in public by our window, one of your children the victim of an indecent assault, or offered money, sweets cigarettes to go for a walk with this person. Furthermore will your children have to give statements to child protection officers regarding this man and his activities and do your children have to spend every minute out of school shut within four walls. This pleasant individual happily describes himself as a paedo and the question I asked is very genuine because if we have to, by law, disclose all of the problems and the arrest then we stand to lose everything we have worked for to ensure our safety and that of our children.

0

Report Abuse | Date 14/4/2004 2:29:00 AM

Ian Spencer

Posts: 256
Joined: 16/1/2003
From: England

disclosure on prelim enquiries (in reply to Guest)

You do not by law have to reveal anything, especially when its only an admission.

Why havent the police dealt with this man?

0

Report Abuse | Date 14/4/2004 3:29:00 AM

Guest

disclosure on prelim enquiries (in reply to Guest)

Dear Mr Spencer,

Thank you for your reply, it is very helpful. Unfortunately when the children concerned are very young it is very difficult where evidence and statements are concerned. We and a neighbour have made a formal complaint to the police because his behaviour has been overlooked on many occasions although the officer dealing with our case now is very good. Just to clarify, we don't have to disclose anything? I was under the impression that details of problems with neighbours had to be given to the vendors as I remember reading something about this. Thank you.

0

Report Abuse | Date 14/4/2004 5:06:00 AM

Ian Spencer

Posts: 256
Joined: 16/1/2003
From: England

disclosure on prelim enquiries (in reply to Guest)

There is no right, that I know of, that you must disclose every single thing about your neighbours to any possible buyers.

IF there were, I dont think many houses would be sold.

0

Report Abuse | Date 14/4/2004 5:50:00 AM

Growler

Posts: 3
Joined: 8/11/2007

RE: disclosure on prelim enquiries (in reply to Guest)

quote:

There is no right, that I know of, that you must disclose every single thing about your neighbours

Ian this could be a bit mis-leading. When you sell a property one of the forms you have to complete is the "property information form". This includes questions about "known problems" with neighbours and the question is there for the protection of any prospective buyer. Strictly speaking, you can deny any knowledge (regardless of what you may "think" of your neighbours) ..however... if you have EVER made any formal complaint about them, eg called the police re an altercation, or written to environmental dept re excessive noise etc then you are on shaky ground by not declaring this. Ultimately, the new incumbent can claim damages (not small fry either) against you, should they become aware of a situation that obviously existed during the previous owners occupation of the property.

As the original poster stated his neighbour was "arrested for the theft of some of my items", then I would be almost certain he should declare this. Best bet is to seek advice from the solicitor/conveyancer. Hope this helps..Gary

< Message edited by Growler -- 8/11/2007 5:02:10 AM >

Report Abuse | Date 8/11/2007 5:04:46 AM