Fake roofing report in house purchase

[banjodeano]

Hiya guys,
My partners daughter has just purchased a house, i believe she had it surveyed for the banks to lend them the money, and from what i understand there was no problems, but her daughter did mention to the sellers that the roof looked a little shoddy from down at street level, it is an old Victorian terraced house, the sellers said they would get a roofer to check it out and then let them know what he thinks of the roof. the roofer gave a written statement saying the roof was in a good state of repair, after the sale of the house they realised that the roof is in need of a lot of work doing to it, and not in a good state of repair, the tiles are cracked, the flashing needs replacing, and the guttering is rotten etc.
When they tried to contact the roofer, it turns out that the letter was something that the sellers drafted themselves and the roofer and company never existed,
We have advised them to contact their solicitor, but after several weeks all the solicitor says is that they are still waiting for the sellers solicitor to reply, we get the feeling that the solicitor doesnt really want to get involved now they have been paid.
So my question is, what is the best course of action for her? and will she have to pay for the solicitor to act on their behalf, or should this come under the original buying fees?
Thanks in advance

 

[HERTS P&D]

What did your partners daughters survey say about the roof?

Andy

 

[banjodeano]

What did your partners daughters survey say about the roof?

Andy

Thanks for the quick reply Andy, Her daughter has just emailed me what she thought was the survey, and looking at it basically it is just a valuation report..
and to summarise it says, "the property appears to be consistent with its age and type of construction, and ongoing repairs will be needed"

 

[Tigercubrider]

Sound like fraud? Maybe falsifying an instrument ?

 

[Notch7]

Thanks for the quick reply Andy, Her daughter has just emailed me what she thought was the survey, and looking at it basically it is just a valuation report..
and to summarise it says, "the property appears to be consistent with its age and type of construction, and ongoing repairs will be needed"

Thats about as much use as a choccy teapot.

 

[oldbutnotdead]

From the way you've written, it sounds as if the roof question and subsequent report from the 'roofer' bypassed the solicitors (scenario i'm imagining is daughter on phone to vendors or at a viewing says roof looks manky, vendor says they'll get a roofer to look at it, report is either handed by vendor to daughter or posted direct). If I'm right then the solicitors haven't seen the report so can't be held responsible, if the report came via one or other solicitor then they can be pursued for failing to verify the existence of the roofing company.

But that would be a dear do. First job- get a real roofer out to assess the job and price for repairs ( if the underlying timbers are still sound then price shouldn't be excessive).

Next, have a chat with citizens advice- it'll be much cheaper and easier to chase the vendors through small claims court. Of course the vendors could deny the roof conversation took place.....

 

[big-all]

although i dont think they will be your first port off call i would have though trading standards would be interested as a very unusual case to get there teeth into

 

[banjodeano]

From the way you've written, it sounds as if the roof question and subsequent report from the 'roofer' bypassed the solicitors (scenario i'm imagining is daughter on phone to vendors or at a viewing says roof looks manky, vendor says they'll get a roofer to look at it, report is either handed by vendor to daughter or posted direct). If I'm right then the solicitors haven't seen the report so can't be held responsible, if the report came via one or other solicitor then they can be pursued for failing to verify the existence of the roofing company.

But that would be a dear do. First job- get a real roofer out to assess the job and price for repairs ( if the underlying timbers are still sound then price shouldn't be excessive).

Next, have a chat with citizens advice- it'll be much cheaper and easier to chase the vendors through small claims court. Of course the vendors could deny the roof conversation took place.....

Thanks for that very helpful info, i will have a word and find out what actually happened, and how she got hold off the fake letter, you may be right, as you say, perhaps the solicitors never even saw the letter and have only just heard about it

 

[banjodeano]

Thats about as much use as a choccy teapot.

isnt that the truth..

 

[Leofric]

You said the letter was a fake so you were misled by the seller regarding the roofer's comments, and a valuation survey doesn't give recommendations for structural repairs, you would need a structural survey for that. See what the solicitor says about the information which is supposed to be supplied in the sale of a house.

 

[endecotp]

If your description is accurate, then giving a fake letter in order to inflate the price paid for the house is fraud and in theory the police could get involved. But them going to prison or getting fined doesn’t help you pay to fix the roof.
This is really something the solicitors need to deal with. But possibly not the conveyancing solicitor (if it’s a big firm, see if they have someone with more criminal experience.). But you will have to pay for their advice.

You should also investigate carefully to see if there are any other skeletons in cupboards. Have the sellers moved abroad?

 

[^woody^]

The buyer's Solicitor is responsible for checking the validity and authenticity of any reports they see as part of the conveyance - how else can they advise their client? Possible negligence on their part, and a complaint may be something to consider which may include damages incurred due to their negligence.

If this report was part of the conveyance, and relied upon, and it is false, then it is a misrepresentation and the sellers can be sued for any losses incured because of this.

If any action is to be taken, then a proper report on the condition and cost of repairs would be essential. Any such report should come from an experience and well qualified person ( the more letters after their name the better) - the costs of this would be recoverable in any claim.

 

[Notch7]

the roofer gave a written statement saying the roof was in a good state of repair

Who has that written statement? -if your daughter has it, that is the proof.

My thought is that your daughter needs to send something in writing soon, that questions the validity if the 'roofers report' letter. It could be an email and copy of the email sent by recorded delivery.

Sadly the reality is is the vendors arent likely to hold their hand up, so itll end up needing a surveyors report and a claim.

 

[^woody^]

Bear in mind that any report, real or fake, is for the benefit of whoever instructed it, and noone else (such as a buyer in this case) can rely on it. The report author owes no duty to a third party.

 

[John D v2.0]

Bear in mind that any report, real or fake, is for the benefit of whoever instructed it, and noone else (such as a buyer in this case) can rely on it. The report author owes no duty to a third party.

Given that the roofer is fake anyway, trying to claim from the roofer would be pointless.
The lie was when the seller passed it off as a valid report. It's not just breach of contract, it's actually gaining a financial advantage by fraud although I've no idea if the police would care.