Estate Agent lied before we put in a offer! Not Happy!

[Deleted User]

Seen a great house and when we viewed we asked about the 3 trees on the driveway very close together and one of the. Is leaning towards the house. I asked if they had TPO on them as I would want to do some work to them to either cut down or alter so there would be no chance of damage to property. Estate agent said there is no TPO on them as they had checked. Had another viewing and offered which got accepted, now been told by the Council TPO that they do have TPO on them and I cannot do anything even though 1 is leaning towards the house!
Not happy and I want to pull out although my wife does not want to, it's something that will bother me every time I pull up for fear of something happening in strong winds.

adouglasmhor

You can get round a TPO, one of the reasons is risk to buildings or safety. There are others.

http://www.legislation.gov.uk/uksi/2012/605/regulation/17/made

Pandilex

In law you do not need the permission of the Local Planning Authority to cut down a tree that is dead, dying or dangerous. However anyone proposing to cut down a tree included in a Tree Preservation Order or in a Conservation Area because of these reasons is strongly advised to give the Local Planning Authority five days written (or e-mail) notice before carrying out the work, except in an absolute emergency.
If work is carried out to a protected tree because of these reasons, the owner or agent must be able to prove that the tree was dead, dying or dangerous and, if it came to a prosecution case, to prove this in court. This can be using photographs, keeping sections of decayed wood, and any other relevant evidence.

You may want to alter your offer based on this too, don't forget.

[Deleted User]

Thing is the trees are not dead, but my biggest concern is the one about 14 ft from the front of the property that is leaning towards the house. The TPO officer knows the trees and when I suggested this he said the council would resist any changes to the tree or trees. Same council that had just sold of a massive golf course and woodland to a local housing builder!
This is going to cause massive arguments now between me and the wife now. I don't want the house now in the fear of being hopefull we could to something but the council refusing everything we propose.

dominoman

You can cut down a tree if it is dangerous or dying.

Apparently people have been know to accidentally spill a little salt around the roots. Clumsy people.

DRP

I wouldn't lay the blame on too thick with the EA - bluster and BS is part of the job description for any sales person.

But it does sounds like your offer should be reduced by 5k or so due to the uncertainty plus costs.

When you receive your survey results, I would parcel all your tree concerns together with any post-survey negotiations and reduce your offer accordingly.

would that make you feel a little better about the whole situation?

DaftyDuck

Having seen the pictures of the tree, I suspect you'd find it difficult to overturn a TPO in this case. You could ask the vendor to have the tree removed before you go any further.

However, if I were the owner, I wouldn't do it. I don't feel the tree is a concern, and think it adds considerably to the property. It's not impossible it could fall and damage the house, but it is unlikely.

[Deleted User]

DRP wrote: »

I wouldn't lay the blame on too thick with the EA - bluster and BS is part of the job description for any sales person.

But it does sounds like your offer should be reduced by 5k or so due to the uncertainty plus costs.

When you receive your survey results, I would parcel all your tree concerns together with any post-survey negotiations and reduce your offer accordingly.

would that make you feel a little better about the whole situation?

Thing is it was always my biggest concern and I can't see the sellers wanting to reduce the price to be honest if they did that it brings it to just above the stamp duty threshold. It's bugging me now I have been onto the agents and asked them why they said there was no TPO on them when we asked twice! She is looking into it, I'm not a tree expert but it's clear to see to me the one nearest is leaning towards the house, do I continue and get a full survey (would these concerns be picked up by a full survey anyway?) and if there are issues picked up then where do I go from there to the council?

googler

Why are you asking the council AFTER your offer has been accepted? Why didn't you check this before making your offer, if it's clearly a matter that concerns you?

How do you know the EA 'checked' with the same dept of the council that you did? Isn't it possible that the EA spoke to someone else in the council, possibly who wasn't actually qualified to give the correct answer, and they misled them, so that the EA didn't 'lie' to you, merely acted on incorrect information provided to them by another party.... he/she is an agent, not a tree surgeon.

robatwork

As with everything EAs say... get it in writing.

They will backtrack faster than the guy on Quantum Leap.

Doozergirl

If it's in the interests of the house and tree, then you apply for permission to crown it properly. The council can't resist you looking after the tree with a proper tree surgeon. Why don't you ask the vendor to pay for a report on the tree from an arbore...whatever they're called.

No point speculating over it.