Estate Agents False Marketing

bigfreddiel

I think you'll find the estate agent isn't responsible. There is probably some small print stating this somewhere.

When you employ an agent to sell your property the agent will ask you to sign off the sale details to confirm they are accurate.

So I would guess the vendor either didn't know, lied, or just chanced it.

Anyway this is why you employ a solicitor to look after your interests and to ensure you know what you are buying.

Were you actually shown the parking space?

Cheers fj

lush_walrus

What is happening here is a bit unclear as others have said, is there a garage included or not? A garage does provide private parking, it's exactly what it is designed for. If your daughter visited the property didn't she ask where the parking was? It's a question most would ask if important to them and unclear.

In most situations it would be blatantly clear whether parking was provided without seeing this its hard to imagine where your daughter misunderstood this.

From your description the EA has done nothing wrong.

Printjobber

Parking was an essential part of our buying decision. My son has a flat in the next door building and it came with parking in the underground car park. The advertising stuff states:
ALLOCATED PARKING INCLUDED
•NO EXTRA SERVICE CHARGE FOR PARKING
•XXXX is a well presented development with great transport links and your very own parking space, this property would make an excellent buy for both Investors and First Time Buyers.
•Having 2 good sized double bedrooms, a spacious and contemporary house bathroom, open plan living area with modern kitchen units and the added bonus of a secure parking space.

Printjobber

I'm a newbie at this stuff so sorry if I'm doing this wrong. I'll try and answer as much as I can.
1. Previous post describes the advertising. We didn't go and look at the parking because all they would have shown us is one bay among many. The flat is at the top of the building and parking is in the sub-basements. There is no parking anywhere despite the detailed advertising and in that part of town you need it. The agent even told me how the vendor had purchased the parking space on initial purchase of the flat.
2. I believe the EA does have a responsibility to ensure their advertising material is correct. If the vendor was selling a house and said there was a garden but no garden was there then you would expect the EA to pick up on it? Due diligence?
3. I am looking for views on likely success (compensation). It sounds like most of the replies say no hope.
4. The leasehold papers contain no information about parking whatsoever. Indeed the vendor's solicitor specifically says that no parking is associated with the flat. Somebody got their wires crossed or they have sold the parking bay as a separate entity.
5. I believe that in the first instance the EA should be held responsible for the truth of their advertising on such an important issue. They are the retailer if you like. There seems to be a stack of laws about this and I've found many case-studies where people have managed to get compensation for errors... regardless of where they come from.
6. I am involved because my daughter asked me to be. She informed all the parties that I would be involved because she lives so far away and this is her first purchase. I think most people would do the same.
7. The EA was specifically asked to confirm the parking in writing and confirm it they did! Up to the point of getting the leasehold pack your only point of contact was the EA. At that point you have already spent £1ks.
8. My daughter's flights to the UK were specifically to view the apartment and sign off documents. If the EA had done his job properly then we would have been buying a different property which would hopefully have been more successful.
9. I will follow this through. My choice is whether to go through the courts/small claims or the Property ombudsman. It's a shame that more don't which is probably why the EA's and others gat away with it.

Hope that clarifies things and I look forward to a bunch of replies!

Running_Horse

For me, the crucial thing would be whether or not I could resell the flat later with allocated parking. A space in a garage is not quite the same thing. A bit like when an attic room without regs gets called a bedroom. It might serve as a bedroom, but would you definitely get away with reselling it as such? You are right to examine your options, but may not get the answer you are looking for.

davidmcn

Printjobber wrote: »

If the vendor was selling a house and said there was a garden but no garden was there then you would expect the EA to pick up on it?

Yes, but that would be patently obvious from a viewing of the property. As others have said, it's not the agents' responsibility to review the title deeds, and they need to rely on what their client has told them.

Marvel1

Can you park the car in the garage?

The problem is as you say she is abroad and trying to buy and makes visits to view property, now for example if decides not to ahead and another property pops up (another visit) what if the surveyor spotted something and your Daughter does not wish to go ahead?

If decides to go for another property, is it possible for her to move in with yourself and making viewing properties easier?

davidmcn

cjdavies wrote: »

If decides to go for another property, is it possible for her to move in with yourself and making viewing properties easier?

Or at least get her solicitor to do a sanity check of the titles before she spends too much time/money.

AnotherJoe

Does it have a garage?
Does it have an allocated space in that garage?

eddddy

Printjobber wrote: »

9. I will follow this through. My choice is whether to go through the courts/small claims or the Property ombudsman. It's a shame that more don't which is probably why the EA's and others gat away with it.

So options to consider include:

1. Report the EA to Trading Standards
EAs must comply with the Consumer Protection from Unfair Trading Regulations and the Business Protection from Misleading Marketing Regulations.

See: http://pstatic.powys.gov.uk/fileadmin/Docs/Estate_Agency/NTSEAT_guidance_on_property_sales_-_Sept_2015_en.pdf

Having read that, if you think the EA has broken the law, you can complain to Trading Standards.

The EA may get a warning, or even prosecuted - but no compensation for you.


2. Complain to TPO, if you think the EA has breached their code of practice:
See: https://www.tpos.co.uk/images/documents/Codes/TPOE27-3_A5_Code_of_Practice_Residential_Estate_Agents_-Effective_from_1_Oct_15.pdf

It seems the TPO awarded compensation to a buyer in a case superficially similar to yours: https://www.tpos.co.uk/news-media-and-press-releases/case-studies/item/an-uninspected-inspection-pit

But did not award compensation in another similar case: https://www.tpos.co.uk/news-media-and-press-releases/case-studies/item/no-man-s-land


3. Small Claims Court
You would need to decide the legal basis for a claim.

As your daughter had no contract with the EA, I guess you could try claiming for 'Negligent Misstatement'.