Advice on buying a gaff... some issues...

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ste d' indica

ste d' indica

Throw shaka, not shade.
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Evenin' all.

Me and the missus are after buying a flat. Ground floor, 9 years old, in a block of 4.

Mortgage had been offered but the lender has sought extra documentation over the new-build warranty, but as there is only a year left I'm not that arsed about that.

There's knotweed. A fair bit of knotweed by the looks of it. We've only just found out where and on what scale. No idea as yet if it's in the neighbour's garden. There is a treatment plan in place, 7 years, pukka company, we've looked into them.

We're now being pressured by the agent to give a date for the completion by Friday.

Thing is, I've been looking into this. Apparently the estate agent is obliged under consumer protection law to tell us about any material fact that may influence our decision to offer or buy. Presence of Japanese knotweed is a material fact. Further, the seller sent the TA6 form (dated Nov '16) to our solicitor declaring 'no knotweed' and we now have proof that they knew in March 2017, two months before we viewed the place.

We've asked our solicitors for advice on this and they are neither use nor ornament. So I come, in humility, and with a giant bag for sawdust, to ask you good folk, what d'ye reckon on this then? Anyone bought or sold a place with knotweed? Any consumer protection experts? Do we walk away? Do we take the plunge? Do we get gnarly and all legal on 'em? Help me GOT, you're my only hope....
 

ste d' indica said:
Evenin' all.

Me and the missus are after buying a flat. Ground floor, 9 years old, in a block of 4.

Mortgage had been offered but the lender has sought extra documentation over the new-build warranty, but as there is only a year left I'm not that arsed about that.

There's knotweed. A fair bit of knotweed by the looks of it. We've only just found out where and on what scale. No idea as yet if it's in the neighbour's garden. There is a treatment plan in place, 7 years, pukka company, we've looked into them.

We're now being pressured by the agent to give a date for the completion by Friday.

Thing is, I've been looking into this. Apparently the estate agent is obliged under consumer protection law to tell us about any material fact that may influence our decision to offer or buy. Presence of Japanese knotweed is a material fact. Further, the seller sent the TA6 form (dated Nov '16) to our solicitor declaring 'no knotweed' and we now have proof that they knew in March 2017, two months before we viewed the place.

We've asked our solicitors for advice on this and they are neither use nor ornament. So I come, in humility, and with a giant bag for sawdust, to ask you good folk, what d'ye reckon on this then? Anyone bought or sold a place with knotweed? Any consumer protection experts? Do we walk away? Do we take the plunge? Do we get gnarly and all legal on 'em? Help me GOT, you're my only hope....
Click to expand...


Sure I read awhile ago about a couple who had bought a house that had had knotweed, but the sellers had got it all professionally removed. The new owners tried to sell the house a few years later, but had to divulge that it had the knotweed, but it had been dealt with, they couldn't sell the house, and eventually had to knock thousands and thousands of pounds off the price to get a sale.

The problem with knotweed is that it can lay dormant for years, so you think it's all clear, then it get's disturbed and pops up all over the gaff again.
 
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Tell the agent to do one.

All they are interested in is their commission.

The agents are not at all obliged to look after your interests. Your lawyers are used to agents hassling the likes of you and you cannot proceed without proper legal protection.

Take your time and ensure everything is OK before you proceed.
 
Get a new solicitor for a start. Be prepared to walk away if you have too. Agent won't be arsed about you once mortgage cheque has been drawn down.

If you think it's not that big of an issue as you've got a solution in place to eradicate the knot weed - see if the other side will foot some of the bill as a compromise?

If it's a major issue on the other hand then be prepared to walk away if you have too. Nigh on impossible to deal with estate agents once the cheque is cashed.
 
Have the price adjusted to cover for the treatment, and/or get them to pay for an insurance policy covering any damage or hardship caused as a result of the knotweed for a determined period, say 5 years.
If they refuse, pull. They'll cack it. They'll realise the issue has been flagged up and they will have to declare in any future sale which will affect value anyway.

Or buy a flamethrower. ;)
 

Is the garden where the knotweed is included in the flat that you are buying. Have a look at the plan - even if you have exclusive use of the garden area you may still not own it. If it isn't part of the property then it isn't your problem. Who is responsible for the upkeep and maintenance of the grounds? You need to find out who the freeholder is (most flats are leasehold) and if there is some sort of management company - there is usually some kind of service charge towards building and garden maintenance.
 
I wouldn't, unless the presence of the knot-weed results in a very low selling price. Even then I probably wouldn't. I assume they'll kill the knotweed with lots of glyphosate. Not a big fan of that; especially near my house.
 

ste d' indica said:
Evenin' all.

Me and the missus are after buying a flat. Ground floor, 9 years old, in a block of 4.

Mortgage had been offered but the lender has sought extra documentation over the new-build warranty, but as there is only a year left I'm not that arsed about that.

There's knotweed. A fair bit of knotweed by the looks of it. We've only just found out where and on what scale. No idea as yet if it's in the neighbour's garden. There is a treatment plan in place, 7 years, pukka company, we've looked into them.

We're now being pressured by the agent to give a date for the completion by Friday.

Thing is, I've been looking into this. Apparently the estate agent is obliged under consumer protection law to tell us about any material fact that may influence our decision to offer or buy. Presence of Japanese knotweed is a material fact. Further, the seller sent the TA6 form (dated Nov '16) to our solicitor declaring 'no knotweed' and we now have proof that they knew in March 2017, two months before we viewed the place.

We've asked our solicitors for advice on this and they are neither use nor ornament. So I come, in humility, and with a giant bag for sawdust, to ask you good folk, what d'ye reckon on this then? Anyone bought or sold a place with knotweed? Any consumer protection experts? Do we walk away? Do we take the plunge? Do we get gnarly and all legal on 'em? Help me GOT, you're my only hope....
Click to expand...


http://www.japaneseknotweedspecialists.com/faq/
 

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