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  • FIRST POST
    • Blonde94
    • By Blonde94 15th Jun 17, 4:01 PM
    • 3Posts
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    Blonde94
    What does the estate agent have to tell you?
    • #1
    • 15th Jun 17, 4:01 PM
    What does the estate agent have to tell you? 15th Jun 17 at 4:01 PM
    I was wondering what information the Estate Agent needs to disclose when you are viewing a property?


    I am currently in the process of buying our first flat, we have got all the mortgage approved, survey and searches back and a couple of changes to the lease done. we were reading our solicitors report with the view to exchange in a couple of days and complete a few weeks after when it popped up that the property was grade 2 listed.


    My partner and I would never have even viewed the property let alone put an offer in or get so close to buying the flat had we known it was a listed building.


    If the sale now does not go though because it's listed is there anyway of getting legal fees back from the estate agent?
Page 2
    • aneary
    • By aneary 16th Jun 17, 11:50 AM
    • 722 Posts
    • 608 Thanks
    aneary
    If I recall correctly Grade II listing applies to any alterations that materially affect the character of the building, be they internal or external.

    For example if I wanted to take a wall out in a property I would normally only need to obtain building regulations approval to confirm the work had been carried out correctly, and the freeholders permission in the even of it being a leasehold property. However, in a listed property I would also need to obtain listed building consent.
    Originally posted by Surrey_EA
    Again this is a flat, unless there is stud walling you aren't likely to be taking walls down?
    • Surrey_EA
    • By Surrey_EA 16th Jun 17, 11:52 AM
    • 1,235 Posts
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    Surrey_EA
    Again this is a flat, unless there is stud walling you aren't likely to be taking walls down?
    Originally posted by aneary
    Why not? It's quite possible.

    In any event, Grade II listed restrictions apply to internal alterations, as well as external.
    • harshitguptaiitr
    • By harshitguptaiitr 16th Jun 17, 11:54 AM
    • 87 Posts
    • 13 Thanks
    harshitguptaiitr
    the consumer regulations oblige agents to disclose to prospective buyers what they know about a property and what they should reasonably be expected to know. They should also disclose what they become aware of during the marketing of a property which could affect a buyer's decision.

    The regulations contain broad rules outlining when certain practices are unfair. These are:-
    • misleading actions – for example, misdescribing the main characteristics of a property
    • misleading omissions – for example, failing to disclose key information about a property
    • aggressive practices – for example, applying undue pressure on a seller to make a decision
    • banned practices – for example, claiming to be a member of a professional body when they are not
    • lack of professional diligence – for example, not carrying out reasonable checks on the accuracy and truthfulness of information provided.
    • ReadingTim
    • By ReadingTim 16th Jun 17, 11:57 AM
    • 2,147 Posts
    • 3,048 Thanks
    ReadingTim
    If I recall correctly Grade II listing applies to any alterations that materially affect the character of the building, be they internal or external.
    Originally posted by Surrey_EA
    Correct - it's internal as well as external. See here for some brief info.

    I'm intrigued how the building's listed status only "popped up" so late in the process...

    One wonders whether it wasn't its listed status which occurred, but the implications of its listed status....
    • Surrey_EA
    • By Surrey_EA 16th Jun 17, 12:07 PM
    • 1,235 Posts
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    Surrey_EA
    the consumer regulations oblige agents to disclose to prospective buyers what they know about a property and what they should reasonably be expected to know. They should also disclose what they become aware of during the marketing of a property which could affect a buyer's decision.
    Originally posted by harshitguptaiitr
    In this case I think the EA should be expected to know that the property was listed.

    However, I would say the issue about covenants in a later post is different. You cannot expect every EA to understand how to interpret covenants, and know which ones are enforceable and which are not.
    • dares_uk
    • By dares_uk 16th Jun 17, 12:23 PM
    • 55 Posts
    • 15 Thanks
    dares_uk
    In this case I think the EA should be expected to know that the property was listed.

    However, I would say the issue about covenants in a later post is different. You cannot expect every EA to understand how to interpret covenants, and know which ones are enforceable and which are not.
    Originally posted by Surrey_EA

    That's true, I wouldn't expect an estate agent to know if a covenant was enforceable or not, but I would expect them to know if there was covenants or not.
    • Surrey_EA
    • By Surrey_EA 16th Jun 17, 12:32 PM
    • 1,235 Posts
    • 1,450 Thanks
    Surrey_EA
    That's true, I wouldn't expect an estate agent to know if a covenant was enforceable or not, but I would expect them to know if there was covenants or not.
    Originally posted by dares_uk
    And in this case they asked the owner of the property, who could reasonably be expected to know, and were told, in writing, that there were none.
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