Pulling out of house purchase

Doozergirl

G_M wrote: »

What did the HIP say/show?

If the Title and /or Plan showed the parking space, then the EA did nothing wrong. If it clearly did NOT show the parking, the EA should have known. If it was in some way ambiguous but appeared to corrolate with what the seller told the agent, then I'd imagine the EA was justified.

Surely the EA is expected to know what the HIP shows, but cannot be expected to do further detailed searches which are the domain of lawyers?

Aside from the simple fact that they should have had sight of the HIP before marketing commenced and it contradicts their advertising, if they are not sure, they don't put it - that is easier than doing the conveyancing yourself.

OP I think you have them on this point. The disclaimer stands for nothing if they simply couldn't be bothered to check. Trading Standards...

bunzee

Cool, I'll give Trading Standards a call in the morning and see what they say

david29dpo

When people say the HIP is useless, this is one case (and i have seen many) that is is not. I also agree the agent is at fault here.

Emmzi

did you ask for the HIP before offering?

GDB2222

I think their defence would be
a) The description was fair, ie the parking is allocated to the 9 houses, rather than being available for anyone, and
b) The difference is not material, given that in practice that space has been used by that house for years.

I am not sure that Trading Standards will want to spend money prosecuting this case. They must have bigger fish. Still, no harm trying.

bunzee

According to my solicitor the spaces are actually owned by the Highways Agency so they're not really even allocated to any of the houses, literally anyone can park there.

I called the Consumer Line for Trading Standards and they've said the best person to advise me would be my solicitor, however they have sent the information to the local TS office as they did think there had been a breach of the Act which needs looking into.

timmyt

This is highly technical.

If the seller now simply pulls out/declines your offer he immediately sorts out his and the agents possible misrepresentation. He is entitled to pull out right up to an exchange.

That's the UK system for you.

Putting that aside, you have your own problem to prove. How can you actually prove that you are withdrawing because of this one factor and not any other. Buyers change their minds a right the UK system gives you.

This whole issue is complex.

However, I would ask your lawyer to speak to his litigation team for you.

Let us know how you get on OP.