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Who's to blame? (Mis-selling land with property)
Comments
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How was it advertised? If the advert said 2 acres you might have a case.0
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3 points
1) an estate agent acts for the vendor, not the purchaser. He would put on the particulars 'approximately 2 acres'. He would have got this info from the vendors who may well have believed they had 2 acres.
2) the Home Buyers Report is exactly that. It's an inspection of the state of the built dwelling and to identify any physical problems. There is no remit in the report to measure land area.
3) did you at any time commission a Land Surveyor to either confirm boundaries or plot area? If not, then it's caveat emptor. It's up to you to satisfy yourself that the information you are relying on is satisfactory and correct.
You have no remit.Eat vegetables and fear no creditors, rather than eat duck and hide.0 -
DELETED USER wrote:How was it advertised? If the advert said 2 acres you might have a case.
No you don't have a case. The agent would only ever state 'approximately 2 acres'.Eat vegetables and fear no creditors, rather than eat duck and hide.0 -
When we looked at a smallholding about eight years ago, I knew pretty much what an acre looked like.
The plot was described by the EAs as being "around 3 acres," but on viewing I felt it was possibly just under two, although it included half the river bed, so difficult to be sure.
"Where's the other acre?" I asked the agent.
"Ah," he replied, "you and I know it isn't there, but Mr Bloggs can see it very clearly, so I'm afraid we shall just have to humour him!"
Soon, we discovered from discreet enquiries that he amount of dry land on the plot sometimes reduced to around half an acre. At that point, we lost interest.
Things could be worse!
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What is the difference in value?I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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There is no difference in value. Nothing material has changed about the plot.0
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I can't really understand what real detriment OP has suffered. In order to obtain damages from anyone in a case like this, loss related to the alleged misstatement has to be proved.
If he bought what he thought was a Porsch and it wasn't then the resale value would be considerably affected.
Difficult to see how resale values would be affected here as the house itself is the more important factor in valuation. The fact that it has a largish garden/paddock will add to its value but only in very general way. There is no scientific method of valuation which says that you pay so much extra for every additional 0.1 acre.
So it seems to come down to not being able to tell friends that "our house stands on 2 acres...."RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
An acre was originally defined as something that was a "chain" wide and a "furrow" long. In modern parlance that is 22yards by 220 yards, which is 4840 square yards. (For those with a historical bent this was the area farmed by each farmer in times gone by). You describe the plot as "between 40 and 90ft wide and about 1/4mile long". That averages out at about 20 yards (almost a chain) by 440 Yards (two furlongs), which gives an area of almost two acres!
Something wrong with your estimates here.0 -
Who is to blame ?
Easy , the op , next question ?Never, under any circumstances, take a sleeping pill and a laxative on the same night.0
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