Author Topic: SPIF form / potential disputes on selling house.  (Read 2309 times)

tony111

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SPIF form / potential disputes on selling house.
« on: Apr 17, 2018, 08:06:57 PM »
 [size=0pt]Hello everyone, wishing you a good evening.
 
[size=0pt]I’m in the process of downsizing, to raise equity to help me in my senior Years. I received some dockets from my solicitor, one of which is a SPIF form. I have to declare any disputes or situations that may result in a dispute for the buyer. I will of course enquire with the solicitor but I’m hoping that some people on the forum may have some thoughts about this / similar circumstances so I have some ideas when I see the solicitor.  
[size=0pt] In the 15 Years I have lived here, I have never had cause to complain about neighbours or any issues. But the way the document is worded seems to indicate that I must advise of reasons why there may be a potential dispute. I may be more tolerant than my purchaser, who may complain about issues that didn’t concern me. It seems so vague and grey area. I wonder if this has come from the European Parliament along with the Energy Efficiency grading I have paid for.  
[size=0pt] Anyway, the lady opposite who is 85+ still drives, and although I have my own parking drive, occasionally my visitor’s park opposite her drive in the public road; no restrictions but her curb drop is narrow. She sometimes asks for their car to be moved because she cannot make the sharpe turn out. A potential dispute ??. Also, the young man next door lives alone. He is the prefect neighbour, no music, no parties. He is very private. I have only spoken to him twice in 10 Years and he has been very polite. However, his house and garden are a mess and he occasionally swears loudly, like screaming maybe at a computer or on the phone. Again, no problem as I don’t care and I know nothing about him. However, I fear my buyer will raise a dispute because of his property / occasional loud swearing.  
[size=0pt] I’m wondering if I’m reading too much into this form. Has anyone else had an experience like this or similar. I fear the buyer will pull out of sale or try and devalue the offer.  
[size=0pt] Thankyou everyone.  
 

minniemouse

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Re: SPIF form / potential disputes on selling house.
« Reply #1 on: Apr 17, 2018, 08:46:34 PM »
I would imagine it means serious disputes, legal, or involving the Police, local Council, that sort of thing. This form is standard practice when people are selling a house. You are paying a Solicitor so she/he would be best placed to tell you for definite.   
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Ashy

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Re: SPIF form / potential disputes on selling house.
« Reply #2 on: Apr 17, 2018, 08:55:05 PM »
I will agree with Minnie, the disputes should relate to boundary issues or shared usage for example, not whether you get on with your neighbour per se.

tony111

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Re: SPIF form / potential disputes on selling house.
« Reply #3 on: Apr 17, 2018, 10:02:15 PM »
Than you both,

Phil

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Re: SPIF form / potential disputes on selling house.
« Reply #4 on: Apr 17, 2018, 11:05:34 PM »
Hi Tony,

You have to include everything that's known to you & which could affect your potential purchaser, on the SPIF form.

This includes any existing boundary disputes, or potential boundary dispute that it's reasonable for you to have anticipated.

Contrary to what you have been told & extremely important is that you MUST also declare any adverse relationships with any of your neighbours, such as noisy / anti social neighbours etc, or any adverse activities undertaken by them.

E.g. If you've never moaned about this young man or the old woman to your neighbours then you may be ok unless a neighbour says " The music was so loud I don't know how on earth Tony put up with it" but if you have & don't declare it you will be in trouble if your purchaser has problems & someone says "Oh, Tony used to play hell about him / her".

The court cases where a seller is sued, after completion, when a neighbour from hell pops up, have resulted in some enormous compensation awards being made against the seller & to the purchaser.

In fact you have to declare anything that could affect your purchasers decision to purchase your property.

Not what you want to hear but potentially I could just have saved you £thousands.
"I've stopped arguing with idiots. They will only bring me down to their level and beat me with experience.”

Paraphrased from George Carlin

tony111

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Re: SPIF form / potential disputes on selling house.
« Reply #5 on: Apr 18, 2018, 09:16:30 AM »
Thanks everyone. Thanks Colin for your comprehensive reply. Its what I thought but difficult to draw the line. What's one persons nightmare is another persons dream, eg screaming. Kids or barking dogs, etc. I understand the need for the SPIF but I get the impression that some people would use it as a tool to decrease value. In other circumstances, its just day to day living next to others.


The seller potentially is victim of another persons behaviour. Maybe we could have a spif form for the purchaser so existing neighbours can Vet the newcomer !


I will update the forum when I see the solicitor and let you know how I deal with it.


Best wishes


Tony

Phil

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Re: SPIF form / potential disputes on selling house.
« Reply #6 on: Apr 18, 2018, 10:26:45 AM »
Thanks everyone. Thanks Colin for your comprehensive reply. Its what I thought but difficult to draw the line. What's one persons nightmare is another persons dream, eg screaming. Kids or barking dogs, etc. I understand the need for the SPIF but I get the impression that some people would use it as a tool to decrease value. In other circumstances, its just day to day living next to others.

The seller potentially is victim of another persons behaviour. Maybe we could have a spif form for the purchaser so existing neighbours can Vet the newcomer !

I will update the forum when I see the solicitor and let you know how I deal with it.

Best wishes

Tony

I've been called far worse than Colin.

I think the simplest approach for you is to think what you would want to know about a property that you were buying & be guided by that.

There is a defence of 'innocent omission' if you fail to mention something in the genuine belief that you didn't think was relevant.

I can just imagine an SPIF that has to be completed by a purchaser.

Q1: have you or any of your family or friends appeared on Neighbours from Hell?
Q2; have you or any of your family or friends appeared on The Jeremy Kyle Show?

Lol.

 ;D
"I've stopped arguing with idiots. They will only bring me down to their level and beat me with experience.”

Paraphrased from George Carlin

zoony

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Re: SPIF form / potential disputes on selling house.
« Reply #7 on: Apr 18, 2018, 10:31:34 AM »
Seems to me that it's about honesty. It seems only fair for an owner to be up front and honest about potential drawbacks to a property, unfortunately, the desire to sell a house quickly means that some people are somewhat less than honest. Hence the need for the SPIF. Just another hoop to jump through but no more than that.
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tony111

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Re: SPIF form / potential disputes on selling house.
« Reply #8 on: Apr 18, 2018, 01:32:18 PM »
Seems to me that it's about honesty. It seems only fair for an owner to be up front and honest about potential drawbacks to a property, unfortunately, the desire to sell a house quickly means that some people are somewhat less than honest. Hence the need for the SPIF. Just another hoop to jump through but no more than that.




Yes Phil, must be my age, have a good day.

tony111

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Re: SPIF form / potential disputes on selling house.
« Reply #9 on: Apr 18, 2018, 01:43:50 PM »
Seems to me that it's about honesty. It seems only fair for an owner to be up front and honest about potential drawbacks to a property, unfortunately, the desire to sell a house quickly means that some people are somewhat less than honest. Hence the need for the SPIF. Just another hoop to jump through but no more than that.




Well Phil, I probably have bee a nfh, bright socks on the washing line. And a cat that stole neighbours chicken.