Is it legal for an Estate Agent to advertise a property as 'No forward chain'?

InLimbo_2

Is it legal for an Estate Agent to advertise a property as 'No forward chain' when, in fact, there is a chain?

googler

No forward chain implies to me that the vendors don't need to buy somewhere to move to, or have already moved, etc. I would imagine that their circumstances are a matter for discussion between them and their agent.....

What makes you think different? How do YOU know there is a forward chain, when they're convinced there isn't?

Lastly, there's always the possibility that it's merely an administration error, and they meant to put 'NFC' on another property.....

InLimbo_2

I am currently in the lengthy, upsetting process of buying a house. (One which I wish never to repeat).

The house that we are purchasing was, and is still, advertised online as 'No forward chain' in spite of the useless (and yes, they have been awfully useless) estate agent knowing that there is, in fact, a chain.

When we viewed the property for a second time the vendor informed us that there might actually be a chain, despite the advertisement by the estate agent. He was honest and explained that they might move into rented or try to find a house ASAP.

Since we put in the offer 12 weeks ago, they found a property and we all began proceedings. Last night the vendor decided to inform us that he didn't want to purchase that property any more and wanted to purchase a different one, thus potentially adding a significant amount of time to our house purchase.

Naturally, this is causing unexplainable amounts of stress, anxiety, worry and possible financial difficulty.

I am aware that the vendor has done nothing illegal and has no duty towards us whatsoever.

However, in my opinion, the Estate Agent has commited the offence of false advertising and is continuing to do so by having it still on their website and I am in a thoroughly bad mood! My opinion, obviously, doesn't count but I was wondering if legally they are in the wrong.

jonny_power

InLimbo wrote: »

I am currently in the lengthy, upsetting process of buying a house. (One which I wish never to repeat).

The house that we are purchasing was, and is still, advertised online as 'No forward chain' in spite of the useless (and yes, they have been awfully useless) estate agent knowing that there is, in fact, a chain.

When we viewed the property for a second time the vendor informed us that there might actually be a chain, despite the advertisement by the estate agent. He was honest and explained that they might move into rented or try to find a house ASAP.

Since we put in the offer 12 weeks ago, they found a property and we all began proceedings. Last night the vendor decided to inform us that he didn't want to purchase that property any more and wanted to purchase a different one, thus potentially adding a significant amount of time to our house purchase.

Naturally, this is causing unexplainable amounts of stress, anxiety, worry and possible financial difficulty.

I am aware that the vendor has done nothing illegal and has no duty towards us whatsoever.

However, in my opinion, the Estate Agent has commited the offence of false advertising and is continuing to do so by having it still on their website and I am in a thoroughly bad mood! My opinion, obviously, doesn't count but I was wondering if legally they are in the wrong.

why is it causing financial difficulty? it always takes a while for things to get organised. unless you have a desperate reason to move (and if so, put a firm time limit on it), then you'll just have to sit tight.

jjlandlord

I would agree that knowingly wrongly representing the property in advertisements is illegal.

That said vendor put the record straight before you submitted an offer so you did not suffer any loss.

My advice would be not to incur any expense until the chain is closed and to keep looking for any available property in the meantime.

You can also approach them and tell them that if chain is not close within x months, either they move out anyway and rent or you withdraw your offer.

InLimbo_2

My question is, is what the estate agent has done legal? If not, is there anything we can do about it?

The vendor hasn't broken the law, as he was honest.

In regards to what we are going to do about the vendor's subsequent actions, I have posted a different post previously. We have decided that we shall be telling him, on no uncertain terms, that our offer is now only on the table if he exchanges and completes by the time he said previously, otherwise back to the drawing board for us.

RAS

talk to Advertising Standards as new rules came in sometime in March. It may be in breach of their rules.

googler

The only relevant legislation would appear to be the Property Misdescriptions Act

I'll leave you to look it up online, because it only covers certain prescribed matters in relation to properties, and I'm not sure stating the presence or absence of chains is one of them,

If it turns out that it is, you can report the misdescription to the local Trading Standards Office, but be advised that the legislation only provides for fining the agent making the offence, with the fine going into public coffers. There doesn't appear to be any provision in the legislation for you to be reimbursed for anything.

mufi

InLimbo wrote: »

I am aware that the vendor has done nothing illegal and has no duty towards us whatsoever.

No legal obligation towards you before exchange, however the vendor signed off the EA's particulars, and they included the disputed words.

After exchange/completion, the vendor can be held liable for untruths in the EA's blurb.

InLimbo_2

Oh, so it would be the vendor who would be accountable? That's not really fair, as they aren't physically able to log onto the estate agent's website and change it!

mufi

InLimbo wrote: »

Oh, so it would be the vendor who would be accountable? That's not really fair, as they aren't physically able to log onto the estate agent's website and change it!

Well, without going into detail, that's what our (v. expensive:eek:) litigation lawyer told us. The vendor physically signs the EA's details, and is thus liable should there be a dispute. Very important that vendors check and agree the blurb and advise of anything they are not happy with; they don't need to be able to log onto the EA's website to do that.

I have no idea if the agent is jointly liable but imagine, not unreasonably, that the above would be their defence.