A couple in London have been given a refund after an 'infestation' made their mansion property less than ideal.
Buying any kind of property, you want the best bang for your buck and this is doubly true if you are spending in the millions.
And on top of this, if I am spending money I want to know any and all issues with the property because that will factor in to whether you buy or not, right?
Well, Iya Patarkatsishvili, who is the daughter of a Georgian billionaire, and her dentist husband, Dr Yevhen Hunyak, weren’t so lucky when they bought a £32 million ($39m) mansion in Notting Hill, London back in 2019.
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The house boasted a pool, spa, gym, wine room, library, cinema, and a 'snoring room' designed for peaceful sleep , The Guardian reports.
However, it wouldn't be peaceful for long when the house was hit with an infestation of moths. Not long after moving into the Horbury Villa home, the couple noticed signs of the infestation, which they claimed destroyed their belongings, like clothes, and their wine.
They decided to sue the house seller, William Woodward Fisher, in hopes of reversing the sale. To get an idea of how bad the infestation was, John McGhee KC, who represented the couple in court, said that at its peak Dr Hunyak was swatting about 100 of the insects every day.
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He further claimed that even after intensive treatment by experts, the couple had a kill count of up to 35, The Independent reports.
Dr Hunyak also told the court that moths were landing on his children’s toothbrushes, their cutlery and meals - grim stuff.
According to the BBC, Woodward-Fisher claimed he didn't know about a vermin infestation, however, two reports from pest control companies had mentioned a 'serious' moth infestation in the insulation before the sale.
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On Monday (February 10) Mr Justice Fancourt ruled in favor of the couple and ordered the property developer to pay them back the purchase price - minus £6 million to account for the time they lived there.
He also ordered the developer to pay them an additional £4m in damages for the infestation, including £15,000 for the ruined clothes and £3.7m paid in stamp duty.
Mr Justice Fancourt ruled that Woodward-Fisher had given ‘false’ answers about the state of the property and failed 'honestly to disclose' the 'serious infestation'.
Despite the ruling, he believed that Woodward-Fisher had not deliberately tried to deceive the purchasers, adding that he had 'simply wanted to sell the house and move on’ as he knew full disclosure would likely cuse the sale to 'go off'.
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Chris Webber, of Squire Patton Boggs, the firm that represented the couple, said (via The Guardian): “[The couple] hope the case will serve as a warning to unscrupulous property developers who might seek to take advantage of buyer beware to sell properties by concealing known defects.”
Gerrard Kaonga