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Vendor/Buyer Responsibilty damage prior to exchange

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  • Vendor/Buyer Responsibilty damage prior to exchange

    Any advice would be great.

    I recently bought a freehold property.

    After completion I discovered that there had been a burst pipe at the property and as a result considerable damage.

    The vendor denied any knowledge at first.

    Fast forward 6 months...

    It has emerged that the pipe burst the day prior to exchange

    I had a survey, damp etc done two weeks prior to this, visited the property on 3 occasions. But due to work could not be there on the actual day of exchange..

    The vendor claimed on his insurance for this, never informed me, only just found out.

    The insurance company (we are both with the same one) says this happened prior to my policy (so I cannot claim) and says he cannot claim anymore as he is no longer suffering a financial loss.. So I'm in a grey area. Tough luck apparently..

    Question A) Is he liable for not informing me? (I know caveat Emptor but what about Caveat Venditor. I took all reasonable measures, should he have not disclosed this.

    Question B) Is the insurance not liable under his policy?

    There is more to this but don't want bore with details. But if anyone has any advice be great. As I seem to be doing all the work on this not my retained solicitor...