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Buying - Misdescription of the floorplan

24

Comments

  • elys70
    elys70 Posts: 24 Forumite
    There is a disclaimer at the bottom of the description that says:
    " These property details are set out as a general outline only and do not constitute any part of an Offer of Contract. All measurements, distances and areas are approximate and for guidance only. Room measurements are taken to be the nearest 10 cm and prospective buyers are advised to check these for any particular purpose, e.g. Fitted carpets and furniture"

    The reality though is that the room measurements are different by 1 m not by 10 cm! And yes, it is systematic, in all rooms :(
    Examples: Room 1 description says 5.02 m x 3.59m. Reality 4.30m x 3.50m.
    Room 2: description 3.36m x2.28 m. Reality 3m x 1.80 m
    And it's similar in all other rooms.
  • elys70
    elys70 Posts: 24 Forumite
    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?

    No, it isn't there anymore, it has been removed.
  • JQ.
    JQ. Posts: 1,919 Forumite
    It does not matter. They are in breach of the act and you can report them for it, but you will not receive any money from the fine. You are meant to carry out all your own research - the EA acts for the person selling and therefore everything they say should be checked and verified prior to purchase either by yourself or the professionals acting on your behalf - surveyors, solicitors, IFA's.
  • sonastin
    sonastin Posts: 3,210 Forumite
    elys70 wrote: »
    Examples: Room 1 description says 5.02 m x 3.59m. Reality 4.30m x 3.50m.
    Room 2: description 3.36m x2.28 m. Reality 3m x 1.80 m
    And it's similar in all other rooms.

    Are you measuring at the widest part of the room - e.g. into alcoves, bays, fitted furniture, etc? That is one way to explain the difference.
  • elys70
    elys70 Posts: 24 Forumite
    sonastin wrote: »
    Are you measuring at the widest part of the room - e.g. into alcoves, bays, fitted furniture, etc? That is one way to explain the difference.

    Yes, I have been measuring in the widest part of the room.
  • Doozergirl
    Doozergirl Posts: 34,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    JQ. wrote: »
    It does not matter. They are in breach of the act and you can report them for it, but you will not receive any money from the fine. You are meant to carry out all your own research - the EA acts for the person selling and therefore everything they say should be checked and verified prior to purchase either by yourself or the professionals acting on your behalf - surveyors, solicitors, IFA's.

    You can negotiate with them to start with. They won't want the count against them as well as the fine so they could offer compensation to the OP off their own back.

    If they don't and they take it to the relevant Ombudsman, the Ombudsman can award compensation to the OP.

    The OP needs to check which one the EA is registered with. The be best way, even if it's stuck on a sticker on the door and you know who it is, is to ask the branch manager outright during your complaint conversation. It will let them know you're more clued up than they might think ;)
    Everything that is supposed to be in heaven is already here on earth.
  • elys70
    elys70 Posts: 24 Forumite
    I understand I will have to live with this problem now I have bought the house and learn my lesson for the future, but I still would like to see them fined as they have been dishonest. How much is the fee likely to be?
  • IronWolf
    IronWolf Posts: 6,445 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Doozergirl wrote: »
    You can negotiate with them to start with. They won't want the count against them as well as the fine so they could offer compensation to the OP off their own back.

    Isnt that technically blackmail though?
    Faith, hope, charity, these three; but the greatest of these is charity.
  • mrs-h_3
    mrs-h_3 Posts: 109 Forumite
    I dont think you can complain really my understanding is that most listings on rightmove or any other ea say that the measurements are a guideline only and seeing as you viewed it three times i would have thought such in-discrepancies you should have picked up on????
  • elys70
    elys70 Posts: 24 Forumite
    mrs-h wrote: »
    I dont think you can complain really my understanding is that most listings on rightmove or any other ea say that the measurements are a guideline only and seeing as you viewed it three times i would have thought such in-discrepancies you should have picked up on????

    Indeed I should have picked this up, but when it's 1 m here 1/2 m there, it is not so easy to pick it up without a tape measurer.
    I have been renting until now a small place, and understanding floor measurements was not something I was familiar with or bothered with. I trusted the estate agent and his disclaimer.
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