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Offer made based on incorrect information

theglos
Posts: 3 Newbie

Hi,
We recently put an offer on a repo house which was accepted. The offer was based on the fact that there was a small courtyard garden at the rear of the property, which was mentioned in the EA's property details with a photo.
Having instructed a solicitor and started the whole process, it turns out that the courtyard is not part of the property and is not covered in the title deed even tough it is fenced in and can only be accessed through the property we want to buy (it is actually owned by the adjoining land). This is pretty much a deal breaker for us as we wanted some outside space. However, if we pull out we will have to pay the solicitors fees that have been incurred so far.
We are trying to buy the land officially but if this is not successful we will pull out as I am not prepared to take the risk of losing it if the owner decides they want it back at some point in future.
My question is, we only made the offer on the basis of the outside space, which is now no longer included. Would we be able to reclaim the solicitors costs from either the vendor or the EA as they have misrepresented the property by saying that it has a courtyard, or are we just going to have to suck it up? If there was no outside space mentioned in the EA docs we wouldn't have even looked at it, let alone made an offer.
Thanks,
Theglos
We recently put an offer on a repo house which was accepted. The offer was based on the fact that there was a small courtyard garden at the rear of the property, which was mentioned in the EA's property details with a photo.
Having instructed a solicitor and started the whole process, it turns out that the courtyard is not part of the property and is not covered in the title deed even tough it is fenced in and can only be accessed through the property we want to buy (it is actually owned by the adjoining land). This is pretty much a deal breaker for us as we wanted some outside space. However, if we pull out we will have to pay the solicitors fees that have been incurred so far.
We are trying to buy the land officially but if this is not successful we will pull out as I am not prepared to take the risk of losing it if the owner decides they want it back at some point in future.
My question is, we only made the offer on the basis of the outside space, which is now no longer included. Would we be able to reclaim the solicitors costs from either the vendor or the EA as they have misrepresented the property by saying that it has a courtyard, or are we just going to have to suck it up? If there was no outside space mentioned in the EA docs we wouldn't have even looked at it, let alone made an offer.
Thanks,
Theglos
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Comments
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Did you ask to see the HIP? The information should be available in the pointless waste of space unloved HIP. So if you had read it, you could have avoided the legal fees. If the HIP was also misleading, you might have a claim.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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I don't think it's 'no longer included' for the courtyard but rather 'never included'! It's a real shame especially as you've wasted so much time and money :mad:
If you have a look at the terms and conditions for Fox Grant (just an example) you'll see that they say that sales particulars are not statements of fact! Are there any Property Misdescriptions Act 1991 statements on the description?1. Property Misdescriptions Act 1991
1.1 Important Notice
Fox Grant and their clients give notice that:
· They have no authority to make or give any representations or warranties in relation to the property.
· Sales particulars are prepared in good faith to give a fair overall view of the property, do not form any part of an offer or contract and must not be relied upon as statements or representations of fact.
· Any areas, measurements or distances are approximate. The text, photographs and plans are for guidance only and are not necessarily comprehensive. It should not be assumed that the property has all necessary planning; building regulation or other consents and Fox Grant have not tested any services, equipment or facilities. Purchasers must satisfy themselves by inspection or otherwise.0 -
Hi,
We recently put an offer on a repo house which was accepted. The offer was based on the fact that there was a small courtyard garden at the rear of the property, which was mentioned in the EA's property details with a photo.
Having instructed a solicitor and started the whole process, it turns out that the courtyard is not part of the property and is not covered in the title deed even tough it is fenced in and can only be accessed through the property we want to buy (it is actually owned by the adjoining land). This is pretty much a deal breaker for us as we wanted some outside space. However, if we pull out we will have to pay the solicitors fees that have been incurred so far.
We are trying to buy the land officially but if this is not successful we will pull out as I am not prepared to take the risk of losing it if the owner decides they want it back at some point in future.
My question is, we only made the offer on the basis of the outside space, which is now no longer included. Would we be able to reclaim the solicitors costs from either the vendor or the EA as they have misrepresented the property by saying that it has a courtyard, or are we just going to have to suck it up? If there was no outside space mentioned in the EA docs we wouldn't have even looked at it, let alone made an offer.
Thanks,
Theglos
You can certainly ask for your costs back. As for having a legal right to them, in order to exercise that right you might need to involve your solicitor and go to court, which would certainly cost much more than the amount involved.
I suggest that you ask very politely, and at the same time express interest in another of the EA's properties. Perhaps you could comment favourably on their service and give signs that no matter how this turns out, you are likely to buy something else that the EA offers. EAs understand the importance of keeping potential customers sweet, and are likely to look for a sensible solution.0 -
Thanks for the quick response!
The HIP was a waste of time and we weren't given it until after our offer had been accepted. Every single answer was "Don't know!"
The HIP did include the title deeds, but it isn't immediately obvious until you go and take a closer look at the physical property as the scale of the plan is very small and the deed itself doesn't show recent developments at the rear of the property.0 -
It would be covered by the Property Misdescriptions Act - disclaimers are not a suitable defence for agents, the Act specifically says that. Showing a graden that does not exist is really bad practice - it migh be a mistake but it shouldn't be a mistake at your expense.
I would give your local Trading Standards a call and see what they advise. It's their bag.Everything that is supposed to be in heaven is already here on earth.
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... The HIP was a waste of time and we weren't given it until after our offer had been accepted.Every single answer was "Don't know!"Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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Thanks all for your quick replies. Certainly a few things to think about, and maybe the polite request is the way forward (with the property misdecriptions act as a backup) as I have no interest in wasting time or money sueing.
DVardyShadow - Fair point about the offer being subject to the HIP - one to remember next time I guess. I wasn't hugely surprised that most of the answers were "don't know", although answering that to the question "is it freehold or leasehold" is a bit of a joke given how easy it is to find out....I would have expected at least a little bit of effort for some of the questions or there is really no point in doing it.
Cheers,
theglos0 -
... DVardyShadow - Fair point about the offer being subject to the HIP - one to remember next time I guess. I wasn't hugely surprised that most of the answers were "don't know", although answering that to the question "is it freehold or leasehold" is a bit of a joke given how easy it is to find out....I would have expected at least a little bit of effort for some of the questions or there is really no point in doing it.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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I was under the impression an abortive fee (and any disbursements) was usually charged by solicitors for pulling out, especially if you then use them for another purchase. This might at least keep the cost a bit lower.I'm proud of my advice, if others want to look I say enjoy the show!0
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