Incorrect estate agents brochure

kevinyork

Looking for some advice.

We bought a new house last year which has a whole house music system installed as part of the house. The estate agent had produced a nice glossy A4 brochure and in it described the installed audio system as being a DAB system.

On occupying the house its clear it isnt a DAB system, they have installed the regular FM/AM tuner. The system can be specified with a DAB tuner but it cost £1000 plus installation.

We have queried it twice with the builder who keeps saying he will check with the estate agent. In other words he seems to be delaying as 9 months have gone by.

We were under the belief that estate agents particulars formed part of the contract and if they said something was included then it should be. However the bottom of their brochure says that 'the buyer should not assume the information to be correct and should verify the information given'. Does this therefore let the seller/estate agent off the hook?

We had thought that we may have to take the builder, and possibly the agent, to the county court for the sum of the DAB aspect of the system however we are worried that the wording at the bottom of their brochure may rule that out.

Surely, using a wording like this an estate agent could make any statement and just say in their notes that the buyer should verify the information themselves.

Any advice would be much appreciated.

silvercar

I'd get a second quote. The expensive part in these whole house systems is the wiring out of view. I would have thought the future proofing of such a system would allow you to attach new devices to the hidden wiring.

I doubt that a court would expect an estate agent to have verified that the builder did install DAB. In the same way that a surveyor wouldn't be expected to ascertain the exact specification.

Bananamana

estate agents particulars would not normally form part of the contract. Check it or with the solicitor when you bought.

developer usually reserves the right to alter plans/ layout. Cases generally have been won in developers favour unfortunately. Best advice? Obtain quites and kick up a stink at the agents and with the developers. They wont want the bad press and may meet the costs.

PasturesNew

I don't even know what a DAB is .... however, any details are just guides, after they've got you interested, it's up to you to make full enquiries on everything. Maybe the EA doesn't know what DAB is either ....

<sebb>

The estate agent's particulars said "the buyer should not assume the information to be correct and should verify the information given" and you didn't verify it. I can't see how you can make a claim. Buyer beware!

googler

What kind of system has been installed?

Make & Model?

ILW

A DAB tuner will cost about £60.00, just plug it into the control amp.

googler

"We had thought that we may have to take the builder, and possibly the agent, to the county court for the sum of the DAB aspect of the system"

Oh, get real.

HAVE to? You don't HAVE to take them to court. There's no imperative here.

As a side issue, some sectors of the population would suggest that you thank your lucky stars they DID fit an FM radio, because you've now got a better system than the brochure suggested.....

If you were promised a washing machine with an 1800 rpm spin speed, and they fitted a similar model with 1600rpm, would you take them to court?

kevinyork

googler wrote: »

"We had thought that we may have to take the builder, and possibly the agent, to the county court for the sum of the DAB aspect of the system"

Oh, get real.

HAVE to? You don't HAVE to take them to court. There's no imperative here.

As a side issue, some sectors of the population would suggest that you thank your lucky stars they DID fit an FM radio, because you've now got a better system than the brochure suggested.....

If you were promised a washing machine with an 1800 rpm spin speed, and they fitted a similar model with 1600rpm, would you take them to court?

Useful..not. 'Have to' is with regard to not getting any response to our early enquiries with the builder. We may 'have to' if the builder simply keeps ignoring us and we want the system that was described.

Why is it so many posts on here become an open forum for people to just come on and pull the posts apart. If you cant offer any useful advice then why waste your time posting a comment unless its to make yourself feel big. Dont worry, I wont bother posting on this forum again due to posts like yours.

The washing machine analogy is just crap. DAB is considered superior in terms of it being future proofed and in any case the DAB tuner has FM as well to allow it to run on both systems whereas the FM tuner doesnt.

googler

...and the make/model they fitted is....???

googler

kevinyork wrote: »

Why is it so many posts on here become an open forum for people to just come on and pull the posts apart. If you cant offer any useful advice then why waste your time posting a comment unless its to make yourself feel big. Dont worry, I wont bother posting on this forum again due to posts like yours.

The washing machine analogy is just crap. DAB is considered superior in terms of it being future proofed and in any case the DAB tuner has FM as well to allow it to run on both systems whereas the FM tuner doesnt.

It's the internet, with all that implies. Posts on here don't become an open forum, they already are. Put your thoughts on a open forum, and, like it or not, replies will not necessarily share your mindset.

DAB may be considered 'future-proofed' IF the govt switches off the FM signal, but that doesn't carry any superiority in terms of sound quality or reception - which is what I was alluding to.

Talking of reception, here's a thought for you; what if you go to court, get your DAB system, crank it up, and find that the DAB reception is as bad as it is in my neck of the woods? Maybe this is why the installer didn't put a DAB in after all.

I could come up with similar analogies within the house, but the WM one is good enough for me; essentially, the builder said he'd fit something for you. It's been fitted, but it's slightly different spec to what you expected.

We're still waiting to find out WHAT the builder fitted. £1000 to supply/install? Do tell.