Estate Agents False Marketing

rtho782

Flat has private parking (a garage), prospective owner was hoping for garage plus a space so they can use the garage to store crap. You can't sue the EA. Well, you can but it won't get anywhere. It does have parking.

When I'm looking at houses I want one with a Garage for my motorbike. I filter for "parking" on rightmove.

MrJB

I cannot see how the Agent could not be held responsible. They have a duty to not make misleading statements under the CPR's (Replacing the Property Misdescriptions Act) If you act on a statement contained within marketing materials or on a viewing then the agent is likely responsible. Whilst there will be a standard waiver, most seem to make reference to the PMA which is now redundant - even if there is a waiver or reference to the correct law, then it's likely that they should have addressed this sooner.

And to the OP, just because you're paying for the survey doesn't mean you have any legal right to be there when the survey is carried out - the contract is between lender and surveyor. You're just footing the tab (or some!).

Printjobber

Running_Horse wrote: »

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.

There is no parking. They said there was but there is no parking.

bigfreddiel

Printjobber where you said this:

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?

This is not true, myself and others have said so, it is the vendor that signs off the sale details as being true. Chasing the agent is a waste of time and money.

Also not actually bothering to see the parking space is just plain stupid. Bit harsh but there you go. It's a bit like buying a three bedroom house and not looking at the third bedroom, would you do that?

You have a few options

Abandon the purchase

Sue your solicitor

Sue the vendor


I would pick option one and mark this up as a good lesson learnt

Cheers fj

Person_one

Printjobber wrote: »

There is no parking. They said there was but there is no parking.

Printjobber wrote: »

Surveyor's report arrives and says Yes to 'Garage' but No to 'Private Parking'.

he said that garaging is private parking (hmmm?).

So what's this garage you and the survey mentioned?

AdrianC

Printjobber wrote: »

There is no parking. They said there was but there is no parking.

Can you park in a garage? Yes. It's parking.
Can you and only you park in your garage? Yes. It's private parking.
Can you lock the door on the garage? Yes. It's secure private parking.

You are on a loser here.

MrJB

bigfreddiel wrote: »

Printjobber where you said this:

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?

This is not true, myself and others have said so, it is the vendor that signs off the sale details as being true. Chasing the agent is a waste of time and money.
fj

I fail to see how you can reach that conclusion - guidance for the CPR's clearly state

"Ensuring that any information provided, whether in writing, in pictures or given verbally, is accurate when advertising for new business or when marketing property. Breaches of the regulations might include falsely claiming to be a member of a professional body, misdescribing a property for sale or making unfair comparisons with competitors."

Prior to that we had the Property Misdescriptions Act - How can it be the case that an agent is not responsible for ensuring their material is accurate. When the agent commenced marketing they should have specifically covered the parking position with the owner.

Printjobber

davidmcn wrote: »

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.

Yes but if the vendor says something is there, shouldn't the agent check that it actually exists?

Printjobber

cjdavies wrote: »

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?

There is no parking. They said there was but there is no parking. There is no parking.

Printjobber

davidmcn wrote: »

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

Hmmm. But you need to spend money before you get to the stage of lease/title deeds. You have to trust what the EA is saying and these guys seemed to know there was something wrong! Can't understand what they gain. Maybe they think we wouldn't notice.