estate agent false advertising?

Leigh1987

Hello,

There is a property is listed on an estate agent’s website as ‘chain free’. After viewing the property I have put an offer in at the asking price. The estate agent has contacted me to say that my offer is accepted on the conditions that: the exchange of contract happens within 28 days from now, and the date of completion will not be until September, the actual date depending on when the seller’s new build house will be complete, possibly earlier or possibly later than September. This came out of the blue to me, nothing was mentioned by the estate agent or the seller when I viewed the property. I have rejected the seller’s terms and put another offer in, only slightly higher, to try and tempt the seller to move into rented accommodation until their house is complete.

My question is, is this property really chain free? The seller has either bought or is in the process of buying a newbuild house, and my completion date would depend on theirs. Which sounds like a chain. And the fact that the property I have looked at has recently been reduced by a considerable amount and they are wanting a very prompt exchange of contracts makes it sound to me like the sale of the sellers’ current house is linked to their purchase of the newbuild. I’m really disappointed that I have took a liking to this ‘chain free’ house and now I’m in a quagmire of conditions and stipulations and uncertainty. Is it fair for the Estate Agent to advertise the property ‘chain free’?

(I am a chain free first time buyer currently living with my parents so I really am chain free!)

googler

Your essential question is 'is it fair?'

Probably not, but 'chain free' is woolly enough as to have no solid legal definition, similar to other buzzwords like 'quiet location', 'spacious' and 'appealing'.

There's always the possibility that the agent was told by the seller that there were no plans for an onward purchase, and the seller has changed his mind and not thought to tell the agent, not realising there would be any implication to this change of heart.

darren_clarke

it is technically chain free, as they are moving to a house just be they own, so not relaying on any one else to sell

Johnandabby

I would give them an ultimatum to either move out into rented property or you'll walk away. We had a similar situation (albeit we had someone buying our house) with our seller deciding that they wanted to buy a house halfway through the pre-exchange legal work. We gave them an ultimatum as we didn't want to lose our buyer, and they grumbled and moved out.

Also, 6 months between exhange and completion is going to be a nightmare - they're not going to look after the property or carry out any maintenance, and that's going to cost you money. Not least of all paying for buildings insurance from exchange. Also if a builder is telling them September, you really should read December.....

Give them an ultimatum to exchange and complete in 28 days - I personally wouldn't have raised the offer as I would have been too p*&$ed, but it might help. Otherwise just keep looking...

HPsauce63

Not really utterly 'chain free' is it??? It would be if it had been repossessed maybe... but the seller is in the middle of a chain - sort of - because they are waiting to move into their newbuild. I would have a go at whoever said it's 'chain free,' coz it ain't really...

Agree with googler though, that you can't really take legal action, as it's not a set-in-stone kinda thing. But I would say you will pull out if you can't move in within a month. What is to stop them deciding to stay in their current house (which YOU want,) and leaving you high and dry???

jackomdj

New build dates can slip substantially so Sept could even be December!

tim123456789

I would ask the EA if they want the cake back as well

tim