Estate Agent Misleading Information

cuzzerluz

Hi,

I am looking for some advice as to where I stand with an estate agent me and my partner are looking to renting a flat from.

When we viewed the flat and were shown around the building the agent told us and showed us that there was an underground parking space that came with the flat (parking is an important feature we were looking for as its a city centre flat). We loved the flat so paid the referencing fees and agreed to take on the flat. However since then the estate agent is now telling us the property does not come with a parking space and never has although we were specifically told it did. Is this grounds for being able to claim the money back we have already given for the referencing fees seeings as we were given false information about the flat and as it doesn't come with a parking space it is of no use for us.


Many thanks

Dave

G_M

You certainly have a good moral case.

I would say probobly a legal one (Trades Description). But

a) agent may need a lot of convincing (though one would hope they'd stick up their hands and say "Sosorry guv, our mistake. Here's a complete refund"

b) Proof. If it came to court, doyou have any? A newspaper ad? Agent marketing literature quoting the parking spot?

....

Isthe agent a member of ARLA? The Property Ombudsman Scheme? NAEA?

cuzzerluz

Thanks for the quick reply,

Unfortunately no we don't have any real proof, they changed the online advert for a while while we were going through the referencing stage (After we had viewed the property and given the money) to say no parking, this is how we have since discovered the problem. They have now taken the no parking tag off the advert since we approached them about it and have been very evasive when talking to us since.

I have no idea if they are part of any of those is there anyway I can find out (Please excuse my ignorance its my first time renting)

Turnbull2000

Letting agents can say as they please so long as it's not in writing. And they often do. If you have no proof, you may have to write off what they charged you.

tim123456789

post a link to the property and Property Bee may be able to supply the previous ad

tim

Herbalus

Turnbull2000 wrote: »

Letting agents can say as they please so long as it's not in writing. And they often do. If you have no proof, you may have to write off what they charged you.

I can't believe that. You cannot expect someone to believe that an estate agent could show someone a parking space, say it is included, and then later deny it and keep the funds.

If they make promises about the refit of the kitchen though, then that's another thing.... Promises are different to factual reports about what and what is not included.

If they mistakenly thought the parking space was included, then they should admit the mistake and refund.

tukka123

cuzzerluz wrote: »

Hi,

I am looking for some advice as to where I stand with an estate agent me and my partner are looking to renting a flat from.

When we viewed the flat and were shown around the building the agent told us and showed us that there was an underground parking space that came with the flat (parking is an important feature we were looking for as its a city centre flat). We loved the flat so paid the referencing fees and agreed to take on the flat. However since then the estate agent is now telling us the property does not come with a parking space and never has although we were specifically told it did. Is this grounds for being able to claim the money back we have already given for the referencing fees seeings as we were given false information about the flat and as it doesn't come with a parking space it is of no use for us.


Many thanks

Dave

Hey,

I have had issues with my LA recently with renewal of the lease. They are crafty gits that will tell you the world but if you don't have proof then you will have trouble. Don't give up though.

I personally would speak to the agent that showed you around and the boss/owner and say you understand the mistake and as long as you get your money back you wont take it any further. If they wont then I guess as you have already had a check and reference with them you could just find another place with them aqltho7guyh I wouldn't put it past them to charge you again.

If nothing comes out of that then take them to court and go to all the advice agents and citizens advice..

Also one other thing check your emails. When I signed up to different agents they sent me different email details of each place I viewed. long shot but something may be on there.

hazyjo

Google the add too. Might find cached pages mentioning parking.

Jx

G_M

cuzzerluz wrote: »

I have no idea if they are part of any of those is there anyway I can find out (Please excuse my ignorance its my first time renting)

Most members will put the logos on their websites.

Or contact each and ask if the agent is a member:

ARLA here

Property ombudsman here

NAEA here

Turnbull2000

Herbalus wrote: »

I can't believe that. You cannot expect someone to believe that an estate agent could show someone a parking space, say it is included, and then later deny it and keep the funds.

If they make promises about the refit of the kitchen though, then that's another thing.... Promises are different to factual reports about what and what is not included.

If they mistakenly thought the parking space was included, then they should admit the mistake and refund.

Not in writing, nothing you can do if the EA/Letting agent deny your claim.

cuzzerluz

Hi Everyone,

Thank you for all of the replies and sorry I haven't been able to get back onto here sooner. The saga continued from the parking information being incorrect to the flat not actually being available for the date we had set to move in. We have been able to get the referencing fees back on the grounds of the property not being ready so that is a bonus for us but its highlighted you need everything in writing, my lesson is learnt .

Thanks again for the replies

Dave