Cabbie21
Reading all these horror stories, I am wondering….
Is there no legal comeback against vendors who lie or omit to disclose problem neighbours or boundary disputes?
Have solicitors not done due diligence before the sale goes through?
Have buyers failed to get surveys done?
I think the answer is "In theory there is - in practice could be rather harder". Those legal forms are getting steadily more precise that the seller has to fill in. They've got rather more complex since the vendor of my house had to fill in one when he sold it to me 12 years back - so I think it's getting harder for vendors to tell a pack of lies than it was. I think there's still a lot of scope for saying "not known" or whatever the phrase is, ie "Do you have Japanese Knotweed?" and they lie and say "not known". I theenk (don't quote me on that) that the onus is still rather on the buyer to prove the vendor lied.
I picked up the "vendor is a lying little *" vibes from him when I was shown my house by him and so I was watching him warily - but his tactic he used was to "get in there first" with mentioning something, eg "We let Next Door park in our front garden. We've given her permission". That was a particularly tricky way to put things - because, as an English person when I say "we" that is precisely what I mean (ie myself and someone VERY close to me - eg a husband or close relative) - but, even though he was English too, he'd been living here for years and could maybe have got away with "I used "we" the way a lot of Welsh people do - ie more of a community/group type way - rather than those VERY VERY close to me". Him saying "That wall was put there by last owner (his mother)" didnt have the bit in brackets after it of "She darn well had to do so - because Her Next Door was intent on trying to make out some of the side garden was really hers". The Welsh community "we" also got used when I asked who owned a bit of garden - and anticipating I'd interpret it as the English "we" (ie "my mother and I") - as I duly did and thought "Ah right - owned by his mother/the last owner then. It will be mine". It is mine - but that didnt stop Her Next Door kicking up about it - as she'd been squatting on a bit of it.
Careful phrasing by vendor is definitely one trick. Crooked vendors probably have a lot of others - I imagine "Ooh....SO sorry....but I've only got 10 minutes to spare to show you the house....as I've got to do x/y/z in a minute" might be another one they'd use. Putting a hefty bit of furniture in front of a damp patch on a wall. Another bit of furniture just over a bit of floor that needs work. There's a battery of techniques a crooked vendor can use.
I certainly had a (mid-level) survey done myself. Re solicitors - solicitors in some parts of the country (ie where I'm from) are not going to be familiar with regular "tricks played" in other parts of the country that operate rather differently. If one is from an area where you've never even heard of neighbours stealing/trespassing in someone else's garden = you're not looking out for it - whereas someone else from that same area probably would be keeping their eyes open for it - because they've been told about it happening to various people they know.
Japanese Knotweed - the thought would literally not cross my mind back where I'm from - as in 40 years there I'd literally never come across it/heard of anyone having it. Where I am now - you have to ask - because I've seen it noticeably often here and, whenever I've told the person and expected "great shock/thanks/urgency to deal with it" as the appropriate reaction they've just reacted with "shrugs....shrugs...."oh yeah I knew......" shrugs" and I've been gobsmacked at it not being taken seriously and dealt with yesterday so to say.
It begins to look like there's a market for a book on "tricks vendors play" - with sub-sections of "These are more prevalent in x part of the country" and "Those are more prevalent in y part of the country".