I’ve Bought a House with Problems not Disclosed. What Can I Do?

So, you’ve just bought a home, moved in, started unpacking…and found something you weren’t expecting. Damp. Subsidence. Dodgy wiring. A huge crack behind a strategically placed wardrobe.

It’s a nightmare scenario, and sadly it’s not all that uncommon.

If you’ve bought a house with problems not disclosed in the UK, you might be wondering what rights you have, what your options are and what you can do next. Let’s walk through it all step by step, plain and simple.

What counts as a “problem not disclosed”?

There’s a difference between a bit of wear and tear and a major hidden issue. The key question is whether the seller actively hid a serious defect or failed to tell you something they were legally obliged to disclose.

In the UK, sellers fill out a form called the Property Information Form (TA6) during the conveyancing process. It covers things like boundaries, disputes, alterations and known defects. If the seller lies on this form, or deliberately withholds information, that’s a serious problem.

Some common examples of undisclosed issues:

• Structural problems like subsidence or roof damage
• Longstanding damp or mould problems
• Pest infestations
• Japanese knotweed
• Boundary disputes
• Ongoing neighbour disputes
• Problems with title or access rights

If something like this comes to light after the sale, and the seller failed to declare it, you may have legal options.

Are sellers legally required to disclose problems?

Yes and no. The UK still works under the principle “buyer beware”. That means it’s the buyer’s job to check the condition of the property. But it’s not an open season for sellers to lie.

While there’s no general obligation to list every flaw, if a seller is directly asked about something and they lie, that can be misrepresentation under the Misrepresentation Act 1967. And if they tick the wrong box on the TA6 form to cover up a known issue, that could also count.

What it boils down to is this: sellers can’t actively mislead you. If they do, and you can prove it, you might have a case.

What if my surveyor missed it too?

If you paid for a homebuyer survey or full structural survey and it didn’t spot the problem, you might be feeling doubly frustrated.

In some cases, you could potentially claim against the surveyor if they were negligent. That means they failed to spot something they reasonably should have, based on the type of survey you paid for.

Be aware, though:

• A basic mortgage valuation doesn’t check for hidden problems
• A homebuyer survey is non-intrusive, so it won’t uncover issues behind furniture or under floorboards
• A full structural survey is more detailed, but even that has limits
• Before blaming the surveyor, check exactly what kind of survey you got and what it covered. If you think they missed something important, you may be able to complain or claim compensation.

So what can I actually do about it?

There are a few possible routes if you believe the seller didn’t disclose serious problems:

1. Try talking to the seller first

It might sound obvious, but this can sometimes work. If they weren’t intentionally hiding anything and still live locally, they might be willing to help cover costs or come to an agreement.

If they refuse, or deny everything, you might need to take legal action.

2. Speak to your solicitor

Your first proper step should be getting advice from the solicitor who handled your purchase. They can review the paperwork and check for signs of misrepresentation.

They might also advise on whether there’s a chance of a successful claim.

3. Explore a misrepresentation claim

If the seller did lie on the TA6 form or through your solicitor, you might be able to sue them for misrepresentation.

There are three types:

• Fraudulent misrepresentation, where the seller deliberately lied
• Negligent misrepresentation, where they made false statements carelessly
• Innocent misrepresentation, where they said something wrong but genuinely didn’t know

Claims can be tricky, and they depend heavily on evidence. But if successful, you could be entitled to compensation or in rare cases, even rescind the sale.

4. Complain about your solicitor or surveyor

If you believe your solicitor or surveyor missed something they should have flagged, you can take your complaint to:

• The Legal Ombudsman (for solicitors)
• RICS or The Property Ombudsman (for surveyors)

You might also be able to claim for professional negligence, depending on the circumstances.

5. Consider legal advice or small claims court

If the issue is clear-cut but the seller won’t play ball, you can consider legal action. For problems under £10,000, you might be able to take them to small claims court.

For anything bigger, it’s best to speak to a solicitor with experience in property disputes. Many offer a free initial consultation. Citizen’s Advice also has a helpful guide about problems after buying a home.

Can I get help with the cost of repairs?

Sadly, in most cases, you’ll need to pay for urgent repairs upfront and seek compensation afterwards.

But if the damage is extreme and has left the house uninhabitable or unsafe, you may be able to:

• Speak to your insurer if the issue is covered
• Contact your local council for advice
• Get support from StepChange or similar if the costs are putting you into financial difficulty

If the issue makes it impossible to stay in the home, it may be worth considering selling the property and cutting your losses. In that case, a quick cash sale could offer a way out.

Is it worth going to court?

It depends on:

• How serious the issue is
• How clear the evidence is
• How much the repairs cost
• How much stress and time you’re willing to take on

Legal action can be slow and expensive. If you do go down that road, keep records of all your communication, repairs, surveys and solicitor advice. You’ll need to build a solid paper trail.

But many cases settle before reaching court, especially if the seller knows they’ve been caught out.

A way forward when you just want it done

Finding serious problems after you’ve bought a home can leave you feeling trapped. Repairs cost more than expected, stress builds fast and sometimes the simplest option is to draw a line under it and move on.

That’s where a fast, certain sale can help. At Sell House Fast, we buy properties with defects, legal complications and difficult histories every day. There’s no judgement and no dragging things out, just a clear cash offer and a straightforward way forward.

Here’s what sets us apart:

• Quick completion, often in a matter of days.
• No estate agent fees, and no hidden costs
• How it works: a personal service from real people who listen and explain every step
• A transparent process guided by experience and aligned with The Property Ombudsman’s standards

We buy homes across the UK, including properties others won’t touch. If you’re ready to move on and want certainty without the stress, get your free cash offer today and see how much you could get.