Property Misdescriptions Act 1991

Timewarp

Hi

We recently had an offer accepted on a property that included "a new kitchen worth £9000 but is yet to be fitted" and it also stated that plans would be included.

It now transpires that the "kitchen" only includes a few units, and is at best 1/3 of the advertised value and the "yet to be fitted" refers to the new owner fitting the kitchen, not the vendor.

We have managed to get the accepted offer reduced by a couple of thousand, but is the estate agent's wording in violation of the Property Misdescriptions Act 1991 and do we have any more comeback?

http://www.legislation.gov.uk/ukpga/1991/29/section/1

Thanks in advance, any advice appreciated.

BitterAndTwisted

No, you don't have any comeback. At least not with the estate-agent. They agent is just that, working on behalf of the vendor and only ever has the vendor's word for whatever representations they make on their behalf. Caveat emptor!

Withdraw your offer or reduce it by an amount equivalent to you having to get the kitchen installed. It's a buyer's market right now so don't let the vendor take such outrageous advantage of you.

Timewarp

Forgot to say, the plans are now no longer included.

The wording specifically mentions estate agencies though:

Where a false or misleading statement about a prescribed matter is made in the course of an estate agency business or a property development business, otherwise than in providing conveyancing services, the person by whom the business is carried on shall be guilty of an offence under this section.

Yes we did reduce our offer, but they would rather hold out for the right price they want, which has been their tactic since the property went up last year (i.e. ignoring offers that are below their threshold). The property is owned by a building company that took it in part exchange.

steve1980

The agent will have got the vendor to sign a disclaimer releaving them of any incorrect information.

antrobus

steve1980 wrote: »

The agent will have got the vendor to sign a disclaimer releaving them of any incorrect information.

No doubt. But it remains a criminal offence for an estate agent to "make a false or misleading statement in the course of an estate agency business".

ILW

The EA may get a fine, but none of this would help the OP.

dodger1

antrobus wrote: »

No doubt. But it remains a criminal offence for an estate agent to "make a false or misleading statement in the course of an estate agency business".

I'm no legal expert but they have to "knowingly" make a false statement.

googler

antrobus wrote: »

No doubt. But it remains a criminal offence for an estate agent to "make a false or misleading statement in the course of an estate agency business".

Yes, but there's nothing in the Act that makes provision for compensation or recompense to the OP, merely for levying fines against the EA which go into public coffers.

GDB2222

dodger1 wrote: »

I'm no legal expert but they have to "knowingly" make a false statement.

No, I think they are responsible for what they write and should make reasonable enquiries.

dodger1

GDB2222 wrote: »

No, I think they are responsible for what they write and should make reasonable enquiries.

I hate that word "reasonable", as is obvious reading the posts on this site for a few years what one person deems reasonable can cause another person to have a complete meltdown

googler

dodger1 wrote: »

I hate that word "reasonable", as is obvious reading the posts on this site for a few years what one person deems reasonable can cause another person to have a complete meltdown

So, if you're unhappy with the current legislation, write to your MP and lobby for change.