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Estate agents false advertising.

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  • silvercar
    silvercar Posts: 49,569 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Finding these sort of things out before you decide whether to proceed is the correct order. Better to lose some money now than end up buying a property that is worth far less than you paid or costs lots of money to put right.
    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.
  • dodger1
    dodger1 Posts: 4,579 Forumite
    Looking at the links I can't see any false advertising. As for blackmailing you, I don't see that either as you had the choice of what you decided.
    It's someone else's fault.
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Toptom1 wrote: »
    Im going to speak to my solicter on Monday but can i sue for false advertisement and leading me on as false pretenses?

    What do you actually want to achieve by this? What end result do you want?

    Komp-en-say-shun?
    A fine for the EA?
    A warning for the EA?
  • kinger101
    kinger101 Posts: 6,572 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    dodger1 wrote: »
    Looking at the links I can't see any false advertising. As for blackmailing you, I don't see that either as you had the choice of what you decided.

    They call it a 3 bedroom house. It isn't.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • Toptom1
    Toptom1 Posts: 76 Forumite
    I need a 3 bedroom house due to having 2 teenagers. If that was advertised as a 2 bedroom with storage space I would not of preceded with the house. I was told it was 3 bedroom and legit. They can't advertise it as a bedroom without planning permission certificate etc. now they are telling me after withdrawing that they never advertised it as a 3 bedroom but a 2 bedroom with storage space and tacked the house of the market as well.

    I have been conned but what rights and prove do I have?
  • kinger101
    kinger101 Posts: 6,572 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 21 December 2014 at 6:29PM
    You've got all the answers you're gonna get. Most think you've got no chance. Whatever you do, don't throw any more money into in. You were foolish IMO to spend any money when the agent said it should have building regs. This does not imply it has. Rather, the the agent doesn't have a clue. At that point, you should have asked for actual confirmation of building regs before incurring any expenses.

    The ONLY evidence you have is the adds posted on line. Everything else is he said, she said. Make print-outs of them NOW. Then threaten to report to trading standards unless you get a settlement with which you're happy. They might cough something up. They might not. They might get a slapped wrist. None of this will cost you anything more though.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Toptom1 wrote: »
    I have been conned but what rights and prove do I have?

    I'll ask again:

    What do you actually want to achieve by this? What end result do you want?

    Komp-en-say-shun?
    A fine for the EA?
    A warning for the EA?
    Something else?
  • Toptom1
    Toptom1 Posts: 76 Forumite
    Well obviously im annoyed off and bitter and would like compensation but it is a very expensive lesson to learn. These kind of things should be regulated. Its like a !!!!! gang these estate agents. Will find out tomorrow when I speak to my solicitor and pay his cost.
  • dodger1
    dodger1 Posts: 4,579 Forumite
    kinger101 wrote: »
    They call it a 3 bedroom house. It isn't.

    It is if you use the dorma as a bedroom which was written into the details.
    It's someone else's fault.
  • penguingirl
    penguingirl Posts: 1,397 Forumite
    kinger101 wrote: »
    The estate agent should also exercise due diligence when creating the advertisement. The question is, what clarification did they seek that the loft room has building regs? They can't just call it a bedroom because it might have been signed off.

    http://www.nfopp-regulation.co.uk/media/539514/loft-conversions.pdf

    If it was my money, they'd have the choice of paying me back, or it being reported to Trading Standards. It might go nowhere, but it's worth a try. I suspect they know they're in the wrong, as they are now (falsely) claiming they advertised it as a 2 bedroom.

    We have put our house up for sale in the last couple of weeks and the emailed proofs had the following statement attached:
    Under the terms of the various Estate Agency Acts and the Property Misdescriptions Act, you and ourselves are jointly responsible for the accuracy of the sales brochures that we will give to prospective purchasers. With this firmly in mind I have attached a copy of the proposed particulars and would ask you to check it is accurate to the best of your knowledge and confirm/request amends by return email.
    Obviously I don't know how legally sound that statement is, but if I was a vendor allowing my house to be marketed as a 3 bed not the 2 bed I know it to be, I would expect to be held responsible.
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