ea false advertising

lee_w

evening

im in the process of buying a house, the original listing for the property states a electric fire with surround, it even has a pic of this just on its own. i've had 3 viewings on the house. i've had the fixture and fitting list back and they have said it is not included in the sale. there was no mention on either viewing of it not being included. at present its the only source of heating in the property. where do i stand with this?

inmypocketnottheirs

First port of call would be the agent. Point out that the details included the fire and surround. You can always withdraw your offer and walk away. Any vendor in this market would be foolish to let the deal fall through for this.

Alternatively, electric fires and surrounds are not terribly expensive. Rice up at B&Q or somewhere similar and reduce your offer accordingly.

lee_w

i have emailed the agent so just waiting for a response, probably tomorrow as i sent it last night. thought that would be the case, would only cost £500 max so see what they've got to say, ta

G_M

Whether the fire is included or not is something you and the seller must agree. And whether the purchase price you agree is increased/reduced according to the agreement on the fire is also up to you and seller to agree.

As to the agent's particulars, you could raise a complaint against the agent for misrepresentation. This will not alter the advice above, it will simply result in the agent getting a slapped wrist/fine.

Unless he had good reason to include the fire in the particulars. Perhaps the seller originally told the agnt the fire was included, and then later changed their mind. That would hardly be the agent's fault.

lee_w

tbh i dont think i can be assed with the hassle of kicking up a big fuss just for the sake of a few hundred quid, i don't want to lose the house just for that reason. i'll see what the ea says, bu if its going to cause to many problems i will just let them have it, thanks for the reply

cattie

Estate agents can only get their information from a seller, so it's possible the vendor led them to believe the fire was to be left when the house was sold, but that they changed their mind somewhere along the line. It does happen.

In the last house I bought the chimney hood formed part of the ea's particulars, but then the vendors decided they wanted paying for it, along with the Smeg range cooker. I coughed up as I'd only have to buy a new hood if they took it with them.

In the case of the fire, you could explain to the ea that as it constitutes the only heating in the property currently, you would appreciate the vendors agreeing to leave it behind. If you have offered close to asking price, use this as an indication of what a fair buyer you are and say that you would have adjusted your offer down had you known you were going to have the additional expense of having to buy a new fire on top of all the other expense involved in buying a property.

Cheeky_Monkey

My understanding of this from a legal point of view is that the EA's Property Particulars form part of the Contract and, as such, whatever they contain, is included in the sale.

Obviously, I could be wrong! I'm sure someone like Richard Webster will know for sure.

phill99

The EA hasn't undertaken any false advertising. Firstly he has acted in good faith and has only put in the particulars what the vendor has said should go in. Also you will find reference that the particulars are 'a guide only' and should only be seen as such. They don't form part of any contract for the sale of the property. So you are making a mountain out of a mole hill.

googler

Cheeky_Monkey wrote: »

My understanding of this from a legal point of view is that the EA's Property Particulars form part of the Contract and, as such, whatever they contain, is included in the sale.

Obviously, I could be wrong! I'm sure someone like Richard Webster will know for sure.

You could certainly be wrong. And you are.

If the lounge is photographed with the 3-piece suite and TV in situ, they're automatically included?

If the bedroom has a double bed and wardrobe, they're included?

Every piece of furniture and personal possessions captured in the photographs forms part of the sale?

No, no, no....

googler

The Properties Misdescriptions Act makes provision that if the agent has made reasonable efforts to ensure the correctness of their description, then they're not liable.

'Reasonable' in this context could well be;

EA (to vendor) "Is the fire included in the sale?"
Vendor "Yes"
EA "That's fine, then"

What other enquiry could the EA make, in order to be more diligent about whether or not the fire is included? In essence, was it reasonable for the EA to rely on the vendor's statement as to whether or not the fire was included?


Due diligence defence.

1 In proceedings against a person ... it shall be a defence for him to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

2 A person shall not be entitled to rely on the defence provided by subsection (1) above by reason of his reliance on information given by another unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular—
a - to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information, and
b - to whether he had any reason to disbelieve the information.

DVardysShadow

Cheeky_Monkey wrote: »

My understanding of this from a legal point of view is that the EA's Property Particulars form part of the Contract and, as such, whatever they contain, is included in the sale.

Obviously, I could be wrong! I'm sure someone like Richard Webster will know for sure.

More subtle than that. If it is listed in the EA details, [rather than being furniture shown in a picture], when you offer, your assumption will be that it is included. But as part of negotiation, you should check to see if it is included in the Fixtures and Fittings form. If it is not, it is reasonable either to ask for it to be added or to drop the offer accordingly.