Buying - Misdescription of the floorplan

elys70

Hello,

I have just recently bought a house as a FTB and I wonder if I could get some advice.
Though I have visited the house 3 times before buying, when it came to making the decision on the size of the house, I have based my reasoning on the estate agent's description and measurements.
I have not done measurements at the property before buying the house and I understand now how silly I was not to do these.
It proved that the measurements made by the estate agents were completely false, a lot more generous than the reality (about 1 meter per measurement), a total of 10 m2 for one floor! We used the floorplan to virtually fit our furniture in the house, only to discover now it would not fit at all.
This is an incredible loss of floor space and I was completely shocked when I found out this.
As a FTB I did not realize the dimesnions were untrue just by looking at the rooms and I see now I was fooled by the estate agent's description.
Is there any action I can take now against the agent/seller/sollicitor? What should I do? Please help...

Doozergirl

Are they room by room dimensions that are incorrect?

It's the agent you would contact. You'd threaten them with Trading Standards and going to their Ombudsman.

sonastin

Have you got the estate agents details to hand? Does it include the usual disclaimer like

"This brochure is representative of the property offered for sale or rent, as a guide only. Brochure content must not be relied upon as fact and does not form any part of a contract. Measurements are approximate. No fixtures or fittings, heating system or appliances have been tested, nor are they warranted by XXX's or any staff member in any way as being functional or regulation compliant. XXX do not accept any liability for any loss that may be caused directly or indirectly by the brochure content, all interested parties must rely on their own or their surveyor's findings."

If it does, you should chalk this up to experience and move on...

Gwhiz

Some also use external dimensions rather than internal.

I'm sorry to say OP but I can almost guarantee there will be a disclaimer on the details and you will have no basis for any comeback.

Wickedkitten

This is why it's always a good idea when you are viewing a house to take along your own tape measurer with you

Doozergirl

sonastin wrote: »

Have you got the estate agents details to hand? Does it include the usual disclaimer like

"This brochure is representative of the property offered for sale or rent, as a guide only. Brochure content must not be relied upon as fact and does not form any part of a contract. Measurements are approximate. No fixtures or fittings, heating system or appliances have been tested, nor are they warranted by XXX's or any staff member in any way as being functional or regulation compliant. XXX do not accept any liability for any loss that may be caused directly or indirectly by the brochure content, all interested parties must rely on their own or their surveyor's findings."

If it does, you should chalk this up to experience and move on...

That isn't true. If you read the Property Misdescriptions Act, it clearly states that putting a disclaimer on your details does not indemnify you, as an EA, against having to comply with the Act.

They will do that so that people read it and make a decision not to pursue, without realising that they do have rights.

A couple of inches here and there then you have to give the EA leeway, but for significant amounts, then it might be worth following up.

mrstinchcombe

Its your responsibility to measure it up, and you did view it so you should have known what would fit.

maninthestreet

Given that you visited the property 3 times, surely you noticed that some rooms were 1 metre smaller in length AND width???
Is the property (with floorplan) still on rightmove?

JQ.

I would imagine the EA is contravening the Propery Misdecriptions Act by being a metre out on measurements - their disclaimers cannot disclaim that from acting in accordance with the act. However, being in contravention of the act would just involve a fine being levied against them, which would not go to the OP.

I'm afarid it is buyer beware and I don't think the OP can take any direct action against the EA. Buyers are expected to do all their own Due Diligence.

I guess it's a lesson learned - always measure the house yourself, I always have.

sonastin

Doozergirl wrote: »

That isn't true. If you read the Property Misdescriptions Act, it clearly states that putting a disclaimer on your details does not indemnify you, as an EA, against having to comply with the Act.

They will do that so that people read it and make a decision not to pursue, without realising that they do have rights.

Good to know. I guess it comes down to how inaccurate the measurements are. 1cm is easily done and fairly insignificant. 1m is a much more serious mistake.

jackomdj

surely you would have noticed unless the romes are huge 1m is a big %. Ie if they said 4m then 1m out is 25% & quite noticable.

we have not taken our own measurements but we have stood in the relevant rooms & sized up how big they are.