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Mid-sold a flat
Vel852
Posts: 3 Newbie
When I made an offer on a flat, I also emailed the Estate Agent and asked if it was an Ex-Local authority building. The response via email was "No it is not". I've now proceeded with the searches and found it is indeed ExLA. It's a small block on a nice road however, I didn't want the hassle of having the council as the freeholder. I'm not now about 900 quid out of pocket.
Do I have a case against the EA to retrieve lost funds.
Do I have a case against the EA to retrieve lost funds.
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Comments
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Possible breach of the Property Mis-descriptions Act 1991."You were only supposed to blow the bl**dy doors off!!"0
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If an estate agents lips move , he`s lying
learn it , and quickNever, under any circumstances, take a sleeping pill and a laxative on the same night.0 -
I'm an economist, not a lawyer, but my guess would be that any claim would like all others be assessed on the basis of your loss arising from the misrep whether inadvertent or not. I.e. whether you had been induced to overbid and whether it is clear the flat is worth less money given that it is ex-LA.
This might be quite hard to demonstrate, because if you looked it over and you didn't notice from doing so that it was ex-LA, there might be an argument that it's not material, i.e. it's typical of the area in which it is situated. Are there other flats in the block that are still LA?0 -
If the council is still the freeholder then surely it ain't an ex-Local Authority building?When I made an offer on a flat, I also emailed the Estate Agent and asked if it was an Ex-Local authority building. The response via email was "No it is not". I've now proceeded with the searches and found it is indeed ExLA. It's a small block on a nice road however, I didn't want the hassle of having the council as the freeholder. I'm not now about 900 quid out of pocket.
Do I have a case against the EA to retrieve lost funds.0 -
Why did it take an expenditure of £900 to find out? Isn't it likely to be obvious from the Land Registry, if nowhere else?0
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EAs are not the right people to ask.
Searches and legal enquiries are undertaken by lawyers (or yourself - for £3 the freehold Title would have told you the LA is the freeholder).
And as trickydickie says, chances are the property is still owned by the LA (so not an 'ex' building).0 -
FWIW it was repealed 1 October 2013.maninthestreet wrote: »Possible breach of the Property Mis-descriptions Act 1991.
See Consumer Protection From Unfair Trading Regulations 2008 and Business Protection From Misleading Marketing Regulations 2008 as well now.I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.0 -
How can you be mis-sold something that you haven't bought?0
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I think estate agents can wriggle out of this kind of thing quite easily. If the vendor told them it wasn't ex LA they were just passing on that information in good faith.
You can obtain the title of any property off the land registry for a few pounds in seconds, that will tell you the freeholder which presumably will let you know if it's the council (unless they have some management company and perhaps it's not immediately obvious).0 -
Many thanks for all your responses! I've decided to pull out of the sale as the flat may end up being difficult to re-sell in the future. Only 2 flats out of 6 are privately owned the rest are council tenants.0
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