Marketing defective property.

Jezza2508

I have recently backed out of a property purchase because of a structural problem with a retaining garden wall. This was a major issue that could cost up to £50,000 to repair. I had instructed a structural engineer to examine and report upon the condition of the wall, and his recommendation was that the wall be shored up immediately 'to ensure the safety of the neighbours'. When I spoke to the manager of the estate agents office, I was told in no uncertain terms that they would not have marketed the property had they been aware of such a problem. However, within around 48 hours the property has been relisted by the same agent, at the same price with no mention of any structural defects. In fact, the wall has been specifically mention within the particulars as a feature of the garden. Surely there is something wrong here?

kinger101

Jezza2508 wrote: »

I have recently backed out of a property purchase because of a structural problem with a retaining garden wall. This was a major issue that could cost up to £50,000 to repair. I had instructed a structural engineer to examine and report upon the condition of the wall, and his recommendation was that the wall be shored up immediately 'to ensure the safety of the neighbours'. When I spoke to the manager of the estate agents office, I was told in no uncertain terms that they would not have marketed the property had they been aware of such a problem. However, within around 48 hours the property has been relisted by the same agent, at the same price with no mention of any structural defects. In fact, the wall has been specifically mention within the particulars as a feature of the garden. Surely there is something wrong here?

Although what they are doing now may be wrong, what evidence do you have that they knew about this when they marketed the property to you?

It's possible that the vendors have instructed a builder to deal with the wall before it's sold this time. They'd be mad to leave it in a dangerous state. It might even have been covered by insurance.

What do you mean by the wall has been mentioned as a feature? "The property benefits from a defective garden wall that at any moment could crush the life out of your neighbours".

You're short of evidence that you've been misled, and I'm not sure the relevant legislation on this (Consumer Protection Act) requires EAs to have knowledge of the integrity of garden walls.

Thrugelmir

Jezza2508 wrote: »

This was a major issue that could cost up to £50,000 to repair.

How big is the wall?

nickyg2000

They are now legally obliged to disclose this information. Contact the OFT

kinger101

nickyg2000 wrote: »

They are now legally obliged to disclose this information. Contact the OFT

The OFT no longer exists.

Davesnave

There have been several recent threads where people feel that they've been misled over structural features of property and want to warn others.

In all, including this one, it's very hard to prove culpability on the part of the EA.

Now they know about it, the EA is supposed to divulge the information about the condition of the wall to prospective buyers, but again, it's hard to know whether they're doing this. It wouldn't necessarily be in the advertising, which is supposed to draw people in, not send them off in the other direction.

The fact that the wall may need a rebuild doesn't prevent it from being a feature. We once considered the purchase of a walled garden of over an acre, where the walls were what made it desirable. However, considering their age, their condition and the proximity of mature trees, we decided the cost of upkeep might well outweigh the advantages. We could have employed an engineer to quantify the risk, but our own inability to do the work was what ruled it out on cost grounds. Others, differently skilled, might have viewed it as a good proposition.

DandelionPatrol

Davesnave wrote: »

There have been several recent threads where people feel that they've been misled over structural features of property and want to warn others.

In all, including this one, it's very hard to prove culpability on the part of the EA.

Now they know about it, the EA is supposed to divulge the information about the condition of the wall to prospective buyers, but again, it's hard to know whether they're doing this. It wouldn't necessarily be in the advertising, which is supposed to draw people in, not send them off in the other direction.

The fact that the wall may need a rebuild doesn't prevent it from being a feature.

I agree with all the above, although even here there is a caveat. At the moment, it is not a fact that the wall needs rebuilding. The only fact is that there is an opinion that it needs rebuilding. If the seller gets another surveyor's opinion that the wall is fine, then the present opinion can be dismissed as a shameless attempt to grab £50,000 from the price of the house

davidmcn

If anyone thinks it's an immediate danger then I recommend they contact the building control section of the local council.

martindow

From the remark about the safety of the neighbours I assume this is a retaining wall with houses on a slope one above another, Repairing this could be very expensive although it could probably be shored up much more cheaply.

Have you asked a friends to enquire about this house and see what information the agent sends them? They are probably not shouting it from the rooftops but there may now be mention of the wall problem in their details.

If I'm right about the retaining wall, the neighbours above probably have no idea that part of their garden or the house itself could collapse. It may be that they are responsible for the maintenance or rebuilding of the wall. It is certainly in their interest to keep their garden and house where it is.

I think I would feel a moral obligation to let the neighbour know.

nickyg2000

http://www.thisismoney.co.uk/money/mortgageshome/article-2315200/Learn-new-house-rules-Estate-agents-reveal-property-problems-says-OFT.html

chappers

But those defects don't need to be highlighted in the advertising blurb, just pointed out to a prospective purchaser, with recommendation that they do their own investigation.