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estate agent advertised wrong

ok so we are near exchange date but my solicitor highlighted that estate agent advertised that property with communal parking but as we found out from our searches there is no parking. just along the street but definetly not a proper parking space.

solicitor said we can sue estate agent. is it any worth or is it just
to prove the point?

advice pls
«1

Comments

  • Gwhiz
    Gwhiz Posts: 2,322 Forumite
    Part of the Furniture Combo Breaker
    There is no point in suing just to make a point.
  • are you bothered by it?
    Aug 24 - Mortgage Balance £242,040.19
    Credit Card - £8,141.63 + £4,209.83
    Goals: Mortgage Free by 2035, Give up full time work once Mortgage Free, Ensure I have a pension income of £20k per year from 2035

  • Gwhiz wrote: »
    There is no point in suing just to make a point.
    My thoughts exactly, why bother?!
    If it's that big of an issue, you still have time to pull out. If not, just forget about it.
    too foreign for diplomatic or PC answers, too poor for a sig
  • If you could sue people for misselling houses then there would be less need to pay a solicitor to do all the searches in the first place?
  • penguine
    penguine Posts: 1,101 Forumite
    Part of the Furniture Combo Breaker
    If it's important to you and you think the property is worth less without communal parking, then see if you can negotiate on the price. If the EA was advertising that there was parking when there wasn't, then the seller should have noticed this and pointed out the error.
  • Well if you no longer want to proceed because of this issue and you are out of pocket then yes sue for any losses.
  • richardvc
    richardvc Posts: 1,171 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Isn't this the reason searches are done anyway ?
    Thanks to MSE I cleared £37k of debt in five years and I was lucky enough to meet Martin to thank him personally.
  • pararct
    pararct Posts: 777 Forumite
    Communal parking would bring added value therefore is worth something. There is no real fault as the agent could simply say he was instructed by his client to market the property with this parking.

    Is the lack of parking a deal breaker for you? If yes then walk away if not and you want to proceed then seek a reduction in the negotiated price. The vendor could of course not entertain any reduction but his agent should be advising him the property is not worth as much as it was with provided parking.
  • JQ.
    JQ. Posts: 1,919 Forumite
    Well if you no longer want to proceed because of this issue and you are out of pocket then yes sue for any losses.

    Really, I thought the EA could be prosecuted under the Property Misdescriptions Act, which may result in a fine, which the OP would not receive.

    I didn't think you could sue an EA for errors, after all that is why we instruct solicitors and why the EA's have the massive caveats on all their particulars.
  • JQ. wrote: »
    Really, I thought the EA could be prosecuted under the Property Misdescriptions Act, which may result in a fine, which the OP would not receive.

    I didn't think you could sue an EA for errors, after all that is why we instruct solicitors and why the EA's have the massive caveats on all their particulars.

    So has the OP been poorly advised by their solicitor then?
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