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    • ajm410
    • By ajm410 7th Dec 17, 2:24 PM
    • 136Posts
    • 32Thanks
    Misrepresented house sale has fallen through - can I claim for costs?
    • #1
    • 7th Dec 17, 2:24 PM
    Misrepresented house sale has fallen through - can I claim for costs? 7th Dec 17 at 2:24 PM
    Hi all,

    I've recently tried buying a flat, which has fallen through as a result of it being misrepresented to me.

    It was advertised as a share of the freehold property, for which a price was agreed upon; however, upon my solicitor receiving contracts from the seller's, it turned out that it was in fact a leasehold property with a short lease. I was told this mistake was due to the seller misunderstood the situation when listing the flat with the estate agent...

    Despite my annoyance, I said I would be prepared to continue if they take half the estimated cost of renewing the lease (which I planned to undertake after living there for 2 years) of the agreed price (appox. 5k) - they have said that they are not prepared to do this, and so I have told them I do not wish to proceed.

    Obviously, I have incurred some legal costs throughout this process due to this misrepresentation - does anyone know if I am in a position where I can attempt to claim it back from the seller/agent easily?

    Thanks as always!
Page 2
    • kinger101
    • By kinger101 7th Dec 17, 9:47 PM
    • 3,988 Posts
    • 5,442 Thanks
    Correct, but as I said, a share of the freehold is not a leasehold. The freehold can be owned by a company, a person, a group of people, or the group of people who are the leaseholders. In the case you mention, the leaseholders may pay themselves (the shareholders of the freehold) rent etc, but kinger101 is wrong in his/her statement.
    Originally posted by Mutton Geoff
    But I said the "share of freehold" property is a leasehold property, which is correct. It was already implicit that OP wasn't interested in solely purchasing the share of the freehold. It is possible that they just didn't understand what this meant.
    Last edited by kinger101; 07-12-2017 at 9:54 PM.
    • getmore4less
    • By getmore4less 8th Dec 17, 3:49 AM
    • 31,366 Posts
    • 18,795 Thanks
    EA checking what they are selling

    They don't even check the person selling owns it.
    • csgohan4
    • By csgohan4 8th Dec 17, 6:53 AM
    • 4,280 Posts
    • 2,678 Thanks
    it is your responsibility to check the lease not the EA. For the price of £3 you could have obtained the land registry records.

    An expensive lesson for you. If you see an EA lips moving, they are lying
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
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