Estate Agents False Marketing

AdrianC

Printjobber wrote: »

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

Apart from in the garage.

OK, let's go back a step here, before we just continue to go round in circles... Why are you so adamant that the garage does not count as a parking space? Is it because there is some genuine reason that the garage cannot be used for parking, or what?

Printjobber

AnotherJoe wrote: »

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

Let's try this again.
There is no parking. They said there was, they confirmed in writing that there was but there is no parking. There is no parking anywhere.

marksoton

Printjobber wrote: »

Let's try this again.
There is no parking. They said there was, they confirmed in writing that there was but there is no parking. There is no parking anywhere.

Please state,categorically why you can't park in the garage...

Printjobber

eddddy wrote: »

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.


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:

It seems the TPO awarded compensation to a buyer in a case superficially similar to yours:

But did not award compensation in another similar case:

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'.

Thanks for this. I think that makes sense.

Printjobber

rtho782 wrote: »

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.

Let's try this again.
There is no parking. They said there was, they confirmed in writing that there was but there is no parking. There is no parking anywhere.

Person_one

Printjobber wrote: »

Let's try this again.
There is no parking. They said there was, they confirmed in writing that there was but there is no parking. There is no parking anywhere.

Then what is the garage that you mentioned in the OP?

Is there a garage or not?

Printjobber

MrJB wrote: »

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!).

That's my thinking on your first point. Second point I think you have some choice over who does the survey (from the lenders panel or not as long as they have the proper recognition). In which case the contract is between you and the surveyor? In either case I think we should stand up for things like this. Last time I attended the surveyors visit, I was amazed at how unprofessional he was, including long discussions with the EA about potential referral fees between the two of them and all this on time paid for by me!!

davidmcn

Printjobber wrote: »

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

The car park does exist. The question of whether the vendor is selling a parking space along with the flat is somewhat more intangible - where do you draw the line before estate agents need to get their own conveyancers to check their clients' title deeds before they start marketing?


I see there are several flats at that development being marketed with almost identical blurb - is this maybe an investor who owns more flats than parking spaces and has got caught out?

AdrianC

Printjobber wrote: »

Let's try this again.
There is no parking. They said there was, they confirmed in writing that there was but there is no parking. There is no parking anywhere.

Perhaps you could try it once? You seem to have forgotten to answer this question...

OK, let's go back a step here, before we just continue to go round in circles... Why are you so adamant that the garage does not count as a parking space? Is it because there is some genuine reason that the garage cannot be used for parking, or what?

Printjobber

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.

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

Probably true. But if you ask directly to the EA on each of three visits and again ask them to confirm parking then one would expect some level of trust that their answers were correct? Simply looking at an empty bay amongst many would not have proven much. I suppose I could have gone to the company that manage the parking but not sure what I would ask them?
The error may be at the level of the vendor's solicitor or beyond with the vendor. I can't get at them yet. My only point is the EA. For all we know they may think that they deserved more for the flat and decided to hive off the parking and sell/rent it as a separate item?