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  • FIRST POST
    • LJC17
    • By LJC17 11th Jul 17, 11:55 AM
    • 21Posts
    • 1Thanks
    LJC17
    Estate Agents/Seller with holding information
    • #1
    • 11th Jul 17, 11:55 AM
    Estate Agents/Seller with holding information 11th Jul 17 at 11:55 AM
    Hi there,

    Just after a little bit of advice following a house sale that has recently fallen through. Little bit long winded sorry.......

    Our offer had been accepted on a property but on receiving the results of the searches back we weren't happy with a few clauses that were in the report.

    The property is on the slip road of a main A road with part of the fly over built in the back garden.
    Whilst looking at the property on a number of occasions, we discussed with the estate agent about enclosing the garden fully with a higher fence and the potential to extend side ways into the garden and/or possibly even putting in a new dwelling at some point as the garden is large enough all of which she agreed with - she even suggested planting some fully grown trees in front of the fly over to help with the noise.

    The searches have come back saying that we cannot put a taller fence around the property, nor can we build anything in the garden as when necessary we have to allow the highways/council access to the fly over should they need to carry out any repairs. We were not happy about this for a number of reasons and came to the conclusion that had we known we probably wouldn't have have put in an offer and definitely not the one that was accepted.

    We went back to the agents and said in light of the searches we would like to reduce our offer and they said they would contact the seller and get back to us. We heard nothing that day and then over night the house had been put back up for sale on rightmove with no one even telling us or asking us if we wanted to negotiate!

    At no point were any of the restrictions mentioned to us during viewings despite us discussing the above. The sellers are an equity release company so would they have had to carry out similar searches when 'buying' the house off the owners? If they knew about this clause should they have told the estate agents who in turn should be telling potential buyers?

    We have incurred quite a few costs already with this sale and just generally feel let down and disappointed in the level of service we received. Is there a case for complaining and if so who do we complain to the estate agent or the sellers?

    Any thoughts would be great thanks!
    LJ
Page 1
    • ReadingTim
    • By ReadingTim 11th Jul 17, 12:13 PM
    • 1,711 Posts
    • 2,467 Thanks
    ReadingTim
    • #2
    • 11th Jul 17, 12:13 PM
    • #2
    • 11th Jul 17, 12:13 PM
    Until contracts are exchanged either party can pull out for any reason they like, and with no comeback.

    You don't know that the vendors knew about the taller fence-related restrictions, and even if they did, they're hardly going to advertise a negative feature of the property they're going to sell are they? This is the whole reason the buyer does searches. Caveat emptor etc.

    You have absolutely no cause for complaint whatsoever, so just move on. The vendor's clearly decided you're too much trouble and they'd prefer to find another sucker who'll pay up with no questions asked.

    Furthermore, from your description of the place (A-road, in the shadow of a flyover), I'd say you've dodged a bullet - thankfully you've only lost the cost of the survey - you'd have lost considerably more if you'd have bought the place.
    • Davesnave
    • By Davesnave 11th Jul 17, 1:08 PM
    • 22,644 Posts
    • 87,539 Thanks
    Davesnave
    • #3
    • 11th Jul 17, 1:08 PM
    • #3
    • 11th Jul 17, 1:08 PM
    Hi there,


    Whilst looking at the property on a number of occasions, we discussed with the estate agent about enclosing the garden fully with a higher fence and the potential to extend side ways into the garden and/or possibly even putting in a new dwelling at some point as the garden is large enough all of which she agreed with - she even suggested planting some fully grown trees in front of the fly over to help with the noise.
    Originally posted by LJC17
    You have no proof of what the agent knew, so there is nothing to be done by way of redress. People lose money every day when making, or attempting to make, property transactions; it's the nature of the beast.

    Yes, she was probably thinking "In your dreams!" when you spoke of extending or building another property, but it's not her brief to down-sell the property. She isn't working for you.

    As for the sellers, they are an organisation, not an individual, so they would probably just have dealt with this property like all the others and handed it over to the agents without comment. It's 'just another house' to them.

    Presumably, the price the EA and sellers set reflected the location and possible down-sides, or you would not have considered it a good proposition
    Last edited by Davesnave; 11-07-2017 at 1:11 PM.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • G_M
    • By G_M 11th Jul 17, 6:35 PM
    • 40,192 Posts
    • 45,932 Thanks
    G_M
    • #4
    • 11th Jul 17, 6:35 PM
    • #4
    • 11th Jul 17, 6:35 PM
    Your conveyancer has done their job, idenified a restriction on the property, and informed you. That's how it works.

    EAs rarely know of restrictions like this, and never give legal advice.

    The seller as a company would have had limited knowledge. But even if they knew it's doubtful they would have told the EA. No seller will provide a complete legal break-down to an EA - as a legal matter it for solicitors to deal with.
    • davidmcn
    • By davidmcn 11th Jul 17, 8:10 PM
    • 5,440 Posts
    • 5,156 Thanks
    davidmcn
    • #5
    • 11th Jul 17, 8:10 PM
    • #5
    • 11th Jul 17, 8:10 PM
    You might expect a seller or EA to know about matters which materially adverse the property as it currently is (other than the obvious things like a fly-over in the back garden). But you seemed to be seeking advice about future development - that isn't really what the seller's agent is there for (even if they appeared to be helpful), and they're unlikely to have much knowledge about relatively obscure matters in the titles etc which could pose a problem.
    • jimbog
    • By jimbog 11th Jul 17, 8:39 PM
    • 562 Posts
    • 907 Thanks
    jimbog
    • #6
    • 11th Jul 17, 8:39 PM
    • #6
    • 11th Jul 17, 8:39 PM
    In future consider paying £3 at the land registry website to look at any covenants that might be there for any future property you are interested in.

    You can do that before instructing a solicitor or carrying out any searches or surveys
    The problem with quotations on the internet is that you can never verify their authenticity - Abraham Lincoln
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