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new home - misrepresentation

breezyman
Posts: 11 Forumite
Hi folks...advice needed if possible. Long story short. Purchased a brand new home in June this year being sold via an estate agent for the builder. All sales brochuers showed and listed in details front and rear gardens, as did there web adverts.
Turns out as we found out 6 days after moving in, when we had bollards cemented into our garden, that what we thought was our front garden is in fact being adopted by the highways agency.
Contacted the Trading standards who have investigated and are now in the process of taking action against either the estate agents or the builders for misrepresentation.
This does not help me or my partner as we have now stretched ourselves to purchase a house that does not fill our needs. So does anyone know a solicitor in or around Haverhill Suffolk who does a free hours consultation, so we can see if its worth seeking a private claim against the estate agents etc.
Any feed back appreciated.
Turns out as we found out 6 days after moving in, when we had bollards cemented into our garden, that what we thought was our front garden is in fact being adopted by the highways agency.
Contacted the Trading standards who have investigated and are now in the process of taking action against either the estate agents or the builders for misrepresentation.
This does not help me or my partner as we have now stretched ourselves to purchase a house that does not fill our needs. So does anyone know a solicitor in or around Haverhill Suffolk who does a free hours consultation, so we can see if its worth seeking a private claim against the estate agents etc.
Any feed back appreciated.
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Comments
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Did you not get a plan of what you were buying?
(Do new builds have a HIP?)0 -
no plans as such as house was already built and left vacant. All we saw was web advert and coloured sales brochures. Both stated and ilustrated front garden. Builders said should have read deeds properly. But had them delivered Saturday morning and had to go back by the Monday for exchange on the Tuesday. We moved within 7 days of exchanging and had no prior warning it was going to happen so fast.0
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Hi. I am having a similar issue re: a new build being different slightly than what I was expecting. I know with our property we spent some time going through a checklist of things and looking at plans that detailed specific things - i.e we signed something saying that we were buying it like the show home except since building the show home they had changed a few things e.g the dimensions of the cloakroom.
I know our place are being a bit weird about specific plans, I asked for a photocopy of them for our reference and was told they were the builder's 'intellectual property' and therefore could not take them (on the off-chance I assume that I am actually a rival house builder in disguise!?) but what really shocked me was that they said my solicitor wouldn't yet have a copy of the plans ready for exchange. Anyway my only thoughts at this point are that as I said, we signed stuff saying we were expecting it like the show home except for x,y, z. In our contract it stipulates that the house should be as discussed in the plans. I imagine you shall have to contact your sales executive and go through the specific plans with them again and see what it is you have signed and agreed to?
Other than that I have little else to offer except my sympathy.
eta just seen your reply - if the plot was built did you not visit the plot to view around the house and garden?0 -
As far as I am aware, your solicitor should have picked up on the fact that the "garden" either didn't exist or was in the process of being adopted. We've had something similar at work (I'm an EA), where the sale was delayed because the road was unadopted and the solicitor did not allow the sale to proceed until everything had been cleared up.Scar tissue that I wish you saw, sarcastic mister know it all, close your eyes and I'll kiss you cause with the birds I'll share this lonely view.0
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as above didnt you view the house before buying, if it was already built0
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Breezyman - why are you not talking to the solicitor who did the conveyancing for you?If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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yes was shown around the house on three occasions, on first occasion my partner raised the subject of the front garden as we hoped to landscape it so an extra vehicle could pull onto it and the agent agreed that once we in we could shingle it or do as we please. When i visited i also mentioned about the garden, as it had ruts from clients pulling onto it to view the house, the estate agent said our garden would be re turfed as part of the final hand over......it wasn't!
And in your case have you spoke to your trading standards or any other people buying, as we have and found our neighbours have been mislead as well.0 -
Hi folks...advice needed if possible. Long story short. Purchased a brand new home in June this year being sold via an estate agent for the builder. All sales brochuers showed and listed in details front and rear gardens, as did there web adverts.
Turns out as we found out 6 days after moving in, when we had bollards cemented into our garden, that what we thought was our front garden is in fact being adopted by the highways agency.
Contacted the Trading standards who have investigated and are now in the process of taking action against either the estate agents or the builders for misrepresentation.
This does not help me or my partner as we have now stretched ourselves to purchase a house that does not fill our needs. So does anyone know a solicitor in or around Haverhill Suffolk who does a free hours consultation, so we can see if its worth seeking a private claim against the estate agents etc.
Any feed back appreciated.
Did you challenge the Highways agency when you saw the bollards going in?
When you say brochures do you mean the details for the house from the EA or the aerial plan view of the development showing your house and front and rear garden? I would be surprised if you have any comeback against the EA as they have a disclaimer on the brochure and its up to you to check the particulars are correct.
My Aunt had a similar issue in that the brochure listed and had photos of a rear garden to her terraced house. One day she put a fence up at which point the neighbour from 2 houses down turns up and informs her that he (correctly) owns all the land at the back of the row of terraces. She got nowhere with the EA other than an apology - her solicitor said it was her fault for not checking the title plan properly as he wasn't to know if it was correct or not not having visited the site.
I don't know how it works with the land registry as presumably there was no land registry plan to view as your plot was not in existance until it was finished?
Are there any architects drawings you can get hold of as these will have been part of the basis for planning being granted? Is there any 'official' literature from the developer stating front garden? You could argue you still have a front garden but it now has bollards on the perimeter - or have you lost the whole of your front garden?
Whatever you decide be prepared it will be expensive and lengthy. Good Luck.0 -
As far as I am aware, your solicitor should have picked up on the fact that the "garden" either didn't exist or was in the process of being adopted. We've had something similar at work (I'm an EA), where the sale was delayed because the road was unadopted and the solicitor did not allow the sale to proceed until everything had been cleared up.
In reply to this - our road has still not been adopted which is confusing as the bollards where installed under contract by the builders, but on behalf of the highways agency. My local council have confirmed they are still in talks about adopting it - so why were the posts not installed till after we had moved in?0 -
The EA sounds like they have misrepresented, the PMA is very clear on this: http://www.opsi.gov.uk/acts/acts1991/ukpga_19910029_en_1.htm
Particular attention should be paid to:
a statement may be made by pictures or any other method of signifying meaning as well as by words and, if made by words, may be made orally or in writing
However, as you said, Trading Standards are already looking into this. I think if your neighbours are affected too, you would do better to get together and try and sort it out as a group. One person may be ignored, twenty is more difficult. You do need to get a solicitor, have you gone back to the solicitor who did the conveyancing as suggested above? Not to say you should necessarily use them to fight your case but you do need to find out if it's something they should have picked up.Scar tissue that I wish you saw, sarcastic mister know it all, close your eyes and I'll kiss you cause with the birds I'll share this lonely view.0
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