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Misadvertised house - what are my rights?
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DELETED USER wrote:You can try Small Claims Court. Chances are you would win, although more likely the seller will just compensate you rather than going to court. That is assuming you don't want the house any more, if you do just knock 20% off the price and put in a revised offer.
Very unlikely that this would work. The seller can simply say that he didn't know about the hallway issue etc. What is the magistrate going to do? This is part of a transaction and the potential buyer will be aware of the costs in advance. Moreover, a few hundred quid is nothing when you are buying a property costing hundreds of thousands.0 -
No, she has been right royally messed about. Someone attempts to sell her a property which has a hallway which does not belong to him and here she is, months later on, not having bought a house and some hundreds of pounds down. Yes it does happen, but not usually due to a seller trying it on like this.You smell of sour grapes.
I think your comment is gratuitously offensive.You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'0 -
No, she has been right royally messed about. Someone attempts to sell her a property which has a hallway which does not belong to him and here she is, months later on, not having bought a house and some hundreds of pounds down. Yes it does happen, but not usually due to a seller trying it on like this.
I think your comment is gratuitously offensive.
Nonsense. Being 'messed around' is part and parcel of the house buying process I'm afraid. I was messed around by my seller, who failed to disclose that the property is subject to a yearly management fee rent charge. Should I have sued him? In the end I had a choice: accept this and continue with the purchase or pull out. I chose to continue and complete the purchase.
You can't sue the seller for trivial things. And before contracts are exchanged it is your responsibility as buyer to make sure that you are satisfied with all aspects of the property.
Now, if something emerges after exchange which was deliberately not disclosed by the seller then you do have grounds for legal action, but that's another issue altogether.0 -
This isn't trivial, regardless of whether OP is able to sue.. And the fact that just because it happened to you does not make it acceptable for it to happen to anyone else. Effectively you are saying that misrepresentation is fair game and you should suck it up. That is an idea I would spit out.Nonsense. Being 'messed around' is part and parcel of the house buying process I'm afraid. I was messed around by my seller, who failed to disclose that the property is subject to a yearly management fee rent charge. Should I have sued him? In the end I had a choice: accept this and continue with the purchase or pull out. I chose to continue and complete the purchase.
You can't sue the seller for trivial things. And before contracts are exchanged it is your responsibility as buyer to make sure that you are satisfied with all aspects of the property.
Now, if something emerges after exchange which was deliberately not disclosed by the seller then you do have grounds for legal action, but that's another issue altogether.You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'0 -
This isn't trivial, regardless of whether OP is able to sue.. And the fact that just because it happened to you does not make it acceptable for it to happen to anyone else. Effectively you are saying that misrepresentation is fair game and you should suck it up. That is an idea I would spit out.
I'm not saying that at all, what I am doing is saying that you have to be realistic about the situation. Buying a house is very much a case of 'caveat emptor', so the onus is on the buyer to do his due diligence. It's unethical of course for sellers not to declare certain issues with the house but you get similar situations in any business transaction.0 -
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In March I had an offer accepted on a house. At the time I was told that the hallway, that used to be a passageway, belonged to the house. After six months of spending hundreds of pounds on mortgage fees, surveys and solicitors, it turns out that the hallway belongs to the neighbour and they did not get formal permission to incorporate the passageway into the house. The owner is not willing to sort out the problem and is trying to bully me into buying the house as it stands. I put an offer on the house on the premise that the hallway was part of the property. Is this fraud and am I entitled to compensation?
Thanks.
I'm a little unclear how it has taken 6 months to identify the property boundaries are wrong; as usually one of the first things a solicitor will do is to send you a copy of the title plan to check for discrepancies like this. And if the seller specifically told you about the conversion when you viewed did you not then pass this information on to your solicitor for them to check?0 -
I'm a little unclear how it has taken 6 months to identify the property boundaries are wrong; as usually one of the first things a solicitor will do is to send you a copy of the title plan to check for discrepancies like this. And if the seller specifically told you about the conversion when you viewed did you not then pass this information on to your solicitor for them to check?
Also, there are indemnity policies to cover these types of issues. I would ask the seller to buy one to indemnify the buyer against the risk of the hallway having to be knocked down due to lack of planning or building permission.0 -
DELETED USER wrote:Always....
I think i am as well , i can see about 76534 HTB threads , need to lay off the brandyNever, under any circumstances, take a sleeping pill and a laxative on the same night.0 -
The issue is that the hallway does not even belong to the vendor. I am not sure that indemnity will cover thisAlso, there are indemnity policies to cover these types of issues. I would ask the seller to buy one to indemnify the buyer against the risk of the hallway having to be knocked down due to lack of planning or building permission.You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'0
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