Councils and Knotweed

Councils and Knotweed

Postby victor508 » Sun Mar 18, 2012 11:35 pm

A council sold a plot of land at auction saying planning possible.

They charge £ 400 for a legal pack of various searches and an enviromental report

None of these items mention Japanese Knotweed on the plot.

After it is sold it is discovered it was being treated for 2 years by a company , paid for by the council.

It is coming through again this month , the council say not our problem , the company say they did it for the council with out a warranty.

The new owner now has to foot the bill.

Is the council liable or not.

Victor.
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Re: Councils and Knotweed

Postby Treeman » Mon Mar 19, 2012 5:53 am

Caveat emptor

JKW is pretty obvious.

If the buyer didn’t spot it that’s their problem
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Re: Councils and Knotweed

Postby victor508 » Mon Mar 19, 2012 6:49 pm

It was a straight forward question.

From a legal point of view , should the council have included it in their "environmental " report.

Or do Councils and Auctions work to different rules to joe public.

Victor.
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Re: Councils and Knotweed

Postby Mattylad » Mon Mar 19, 2012 7:44 pm

Sounds like misrepresentation to me.
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Re: Councils and Knotweed

Postby victor508 » Mon Mar 19, 2012 10:07 pm

Mattylad wrote:
Sounds like misrepresentation to me.


That was my opinion as well.

The person,s solicitor informed him anything you buy from an auction you are tied to that contract.

To me the council is acting illegally by charging for an environmental report and omitting the fact there was JKW on the plot and that they were 2 years into treating it.

But the question is are they.

Victor.
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Re: Councils and Knotweed

Postby Treeman » Tue Mar 20, 2012 8:22 am

Mattylad wrote:Sounds like misrepresentation to me.


It was misrepresentation if the vendor represented the plot as free from JKW, if it was not mentioned there is no misrepresentation, the buyer takes the property as they find it and if they didn’t do their due diligence then that’s their problem
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Re: Councils and Knotweed

Postby Treeman » Tue Mar 20, 2012 8:38 am

victor508 wrote:Mattylad wrote:
Sounds like misrepresentation to me.


That was my opinion as well.

The person,s solicitor informed him anything you buy from an auction you are tied to that contract.

To me the council is acting illegally by charging for an environmental report and omitting the fact there was JKW on the plot and that they were 2 years into treating it.

But the question is are they.

Victor.


And it got a straightforward answer

The fundamental problem here is that you don’t know what sort of report it was (environmental reports come in all sorts of flavours) and what the brief was. It could have been an environmental impact statement or it might have been a full survey, the latter is a weighty document and is usually prepared in conjunction with the design and build (CDM regulation)

Can we have sight of the report?

Meantime you can’t call it misrepresentation on the grounds that it wasn’t in the report because you haven’t seen the report it’s brief, or any caveats that might be present.

Auctions are the same for all, a professional would (hopefully) not have missed JKW, (it’s a major cost implication so most can spot it a mile off) but if they had they would just have to deal with it out of the contingency, as will your private punter, such are the joys of grabbing bargain at auction.
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