Estate agents false advertising.

kinger101

Toptom1 wrote: »

Correct but it is advertised "as a dormer and would be ideal for a master bedroom" Which inclines it is habitable(currently used a bedroom". There is a velux window, no fire door, or strong enough floor joists or sufficient insulation and no radiator for a start. It would not pass building regulations as it stands.


Do estate agents get sued a lot for similar situations or is this a isolated incident?

Yes, I agree EA has incorrectly advertised. But no planning permission was required, only building regs. So the statement made by the vendor that there was no planning permission has no relevance.

Some bedtime reading here;

http://webarchive.nationalarchives.g...ts/OFT1364.pdf

Page 65 onwards for redress. The EA will belong to one of the ombudsman schemes mentioned. They deal with these disputes it seems, not the OFT directly.

Toptom1

the link doesn't work. Apparently there was a person before me who made a offer but they withdrew due to mortgage reasons but that's just what they say and they will never own up to what they really know. The seller knows there is no planning permission as he told me and he would of found out when he purchased the property and im sure the seller would of have to sign off that what is being advertised is correct to the best of his ability or something like that which he would of obviously lied about.


Im sure the estate agents have guide or standard which they will have to follow similar to the link below?


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

Toptom1

Then the seller is liable then in that case as he knew it wasn't advertised correctly. However the estate agents should follow there guidelines which would of been to ask these questions.

I must admit it's all a bit of hear say but at the end of the day it's advertised wrong and everything that is showen would of been signed and bound by contracts etc and someone is responsible for negligence

Toptom1

Standard things like these should be knowen before it gets to that point. Throughout the sale there was a lot of suspicion that something was not quite right with how the seller and estate agent acted. In the end nobody won but the solicters as estate agents won't be getting a penny nor the seller

kinger101

Quizzical_Squirrel wrote: »

Unfortunately not. The estate agent is not obliged to ask about the planning permission status of every change to the building when preparing the particulars. it's not in his remit.

That's what your solicitor does.

Planning permission? Er.....this is building regs.

Read this, section 4.7 onwards.

http://webarchive.nationalarchives.gov.uk/20140402142426/http://www.oft.gov.uk/shared_oft/estate-agents/OFT1364.pdf

Toptom1

Very intresting might come in useful

• In other cases, there may still be gaps in the information you have, or you need to check further (in order to give the level of information reasonable for the service you are providing). You may find you need to ask your client or third parties for information, for example where you can see there is a loft conversion but you do not know that the work has the necessary approvals and consents. When you do this, you may find it is satisfactory or that it supports what your own checks disclosed and you may decide no further checks are therefore required.
• Where your client or third parties provide you with information that you know is wrong, or have reason to believe may be wrong, you should follow up with questions, ask for documented proof and/or make your own enquiries in order to satisfy yourself what is correct. For example, if your client says there are 160 years left on the lease, but you have marketed other apartments in the same block recently that only had 75 year leases, you should ask your client for proof that the apartment has as long a lease as they claim.

Toptom1

So I spoke to my soliciters and he adviced me to go to a small claims court and Sue as the vender, estate agents and the venders solicitors are guilty in his view of misrepensentation.

Will proberly go to a no win no fee soliciters. At least some good news.

DRP

Toptom1 wrote: »

So I spoke to my soliciters and he adviced me to go to a small claims court and Sue as the vender, estate agents and the venders solicitors are guilty in his view of misrepensentation.

Will proberly go to a no win no fee soliciters. At least some good news.

just don't spend any more money on legals!!

kinger101

I'd try the Ombudsman/OFT route first.

Toptom1

I've reported them to trading standards and im currently on step 2 on complaints compartment for Reed Rains.

http://www.reedsrains.co.uk/contact-us/lettings-complaints-procedure.aspx

Stage 4 is ombudsman stage. Cant use them untill the estate agent has a chance to solve the issue or 8 weeks has passed.

Got an automated call to say there on there xmas jollys till 2nd of Jan so we will have to wait and see.