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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6387
Experience:  BA (Hons), PgDip, Practising Solicitor
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I forgot to disclose a fact about my property when selling

Customer Question

I forgot to disclose a fact about my property when selling it
Submitted: 2 years ago via InBrief.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.

 

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. What did you not disclose and has the seller done anything about this

Kind regards.

Tom

Customer: replied 2 years ago.

I genuinely forgot to disclose a satelite cable that runs from my house to my neighbours to enable him to view sky television as he cannot get a signal, it was a lonf time ago

 

Expert:  Thomas replied 2 years ago.

Hi,


Thanks for your reply.

 

 

It's only a problem if the buyer objects to it. If it has been a long time since you sold the property then most likely nothing will happen.

 

If a person has breached a contract (ie. My misrepresentation) then the claimant can only claim for the actual financial loss they have suffered to remedy the breach. For the seller to establish loss the neighbour would have to establish the right which would be would be less easy to do if it was in informal oral right in order to compel the person who now owns your property to carry out remedial works.

 

I really doubt anything will happen over this. There is no automatic financial penalty for not disclosing something, it has to be based on actual losses/expenses the injured party has incurred. If they haven't incurred anything then there is no claim.

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 2 years ago.

I dont think you understood my question I only just sold the property but did my neighbour a favour by allowing him to take a satalite feed (a cable from my dish to his house) about 6 years ago. The new buyers of the property are not happy that I didnt disclose this. I forgot about it becuase it was a nice thing, noyt a dispute or negative thing. Dont know what damge I may have caused by buyers

Expert:  Thomas replied 2 years ago.

Hi,

 

That's my point. They may not be happy with it but unless they can point to actual financial loss they have suffered as a result then there is not a lot they because you need financial damage to claim for.

 

No loss, no claim.

 

If the buyers deny the neighbour the cable from the dish to his house then it would be for the neighbour to estbalish that he had this right and seek to claim from the Buyers. To do this though he would have to estblish the legal right. If you did not say that he could do this forever or for a set period of time then it will be difficult for him to do this and thus a claim is unlikely.


Were he to establish the legal right (and then you were sued) I suppose all that could be claimed from you would be the cost of setting up a connection on the neighbour's house.

 

Trust this clarifies, please click accept.

Kind regards,

Tom

 

 

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6387
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Brilliant thanks Thomas
Expert:  Thomas replied 2 years ago.
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