Estate Agents False Marketing

mrginge

Ah, I think I get it. So there is a garage, but it's full of tools and lawnmowers and stuff.

Just do what most people do and park on the drive instead then.

God knows why there's all the fuss.

googler

Printjobber wrote: »

I suppose I could have gone to the company that manage the parking but not sure what I would ask them?

Dear Management Agent, we're prospective buyers for (insert flat number), could you tell me which of the flats in (insert development name) have allocated parking, according to your records?

Have you ever issued an access fob to the owners of (insert flat number)?

If (insert flat number) does not have access to the parking garage within the development, do you know of any reason why the other flats do, and this flat does not?


etc

etc

It's not difficult.

I find it difficult to imagine that the original developer granted parking to most flats, but not this one (and/or others).

AdrianC

googler wrote: »

Dear Management Agent, we're prospective buyers for (insert flat number), could you tell me which of the flats in (insert development name) have allocated parking, according to your records?

They are not only under no obligation to answer that, but they would probably be in breach of the DPA if they did so. Same for asking about irrelevant historical access.

The ONLY thing that matters is whether a space is included with what the OP's daughter is buying. And her solicitor says no.

I find it difficult to imagine that the original developer granted parking to most flats, but not this one (and/or others).

Simple. 30 flats, 20 spaces.
"So, Mr New-Build-Buyer... You can have a flat without space for £x or a flat with space for £y. Which would you like?"

It's common.

googler

AdrianC wrote: »

They are not only under no obligation to answer that, but they would probably be in breach of the DPA if they did so.

... but it's not 'Personal Data', which is what the DPA covers;

"Personal data means data which relate to a living individual who can be identified –

(a) from those data, or

(b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller,

and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual."

AdrianC

googler wrote: »

... but it's not 'Personal Data', which is what the DPA covers;

"Personal data means data which relate to a living individual who can be identified –

(a) from those data, or

(b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller,

You've just asked for the addresses of owners of all parking spaces, don't forget.

googler

AdrianC wrote: »

You've just asked for the addresses of owners of all parking spaces, don't forget.

Which, of itself, allows you to identify ... what? Whom?

DaftyDuck

mrginge wrote: »

Why not just park in the garage?

I'm feeling a little Seussy from the surrealism of this thread...

No, no, no, Sam I am.
I do not like your parking plan!

Would you, could you, in a space?
Could you park it if you race?


NO, NO, Sam, that WILL NOT DO!
I've got myself in this stew.
I will not park it in that place.
I require a parking space.
Not a garage, not a hole,
I want the space like I was 'tol
So now, Agent, give me my due.
GIVE IT ME, OR I WILL SUE!!!!

Oh, hang on Sam, a garage place.
... does that count as my parking space???......

Dan-Dan

ha ha dafty you mentalist

Mrs_pbradley936

I fail to see what the fuss is about - but I have bought and sold quite a few properties over the years. The advertising blurb has an error and that is precisely why you have a solicitor to draw up the contract. The Estate Agent does not draw up the contract and the Estate Agent is working for and being paid by the vendor. I cannot see that the purchaser has any redress against the Estate Agent. They cannot have breached any contract or agreement that they have not entered into.

thequant

I believe there is case law now that if an EA became aware of a material fact that could effect a purchase, that failure to disclose such a fact would leave them open to costs should a subsequent sale fall through failure to disclose.

However the OP would still need to prove that the EA, if the EA didn't know then they are not liable.