Misrepresentation Act

Riderchris1

Hi

I bought a new build house last year and as you may or may not be aware most new developments now have to allocate a certain number of properties for "social / affordable housing".

Before buying our house we asked what checks were undertaken on the potential tenants and were advised by the sales office staff that checks for criminal convictions were undertaken and that any tenant must have a job as a minimum standard.

This statement convinced us to take the plunge despite the proximity of the social housing and we paid what I consider a lot of money and bought our new family home.

Over the last 12 months since moving in we have had various problems with residents in the social housing - anti social behaviour, vandalism, theft, noise, police on the street at all hours and drug dealing / taking - needles have also been found on the street where kids play.

After making complaints to the housing association responsible for the properties it has transpired that these checks are actually NOT undertaken, and further digging by homeowners has uncovered some rather nasty information on a number of the tenants.

The HA have advised that they are taking steps to improve the situation but as you can imagine it's fairly stressful and annoying having to live here at the moment!!

My question is therefore this - on the basis of what we were told by the developer, does anyone know if we would have a case for misrepresentation, as we felt we were given information that encouraged us to buy the house that simply wasn't true.

Help!! (Sorry for the long post!!)

JJ_Egan

You need proper legal advice not guesses from the general public .

[Deleted User]

Riderchris1 wrote: »

on the basis of what we were told by the developer, does anyone know if we would have a case for misrepresentation,

As above, it's not for anyone here to adjudicate.

However, I will say that unless you have something in writing from the developer which confirms what you were apparently "told" then you have a very weak case.

bod1467

A verbal undertaking still forms part of the contract of sale ...as you say though, proving it is the issue.

Poppie68

It would be down to the Social housing provider to do any required checks not the developer.

maninthestreet

Bogalot wrote: »

Did you ask what checks were done on those buying properties, or those who would be renting privately on the development? I'm sorry you've had problems with your neighbours, but it feels like these people were going to be judged by you no matter what they did.

So what makes you think you have the right to sit in judgement on the OP?

[Deleted User]

maninthestreet wrote: »

So what makes you think you have the right to sit in judgement on the OP?

He has the same right to "judge" as the OP has to "judge" his neighbours. The OP invited opinions in the first post...

Riderchris1

Hi

I haven't judged anyone - I interact with and speak with the vast majority of SH residents, I have taken their kids to the park with my own and in no way encourage or condone segregation if that is anyone's concern.

I am basing my question on actual facts - drugs being dealt on the street, drug paraphernalia including needles found on the street, verbal abuse and threats of physical abuse.

Having obtained legal advice today it appears that verbal comments are held to account where misrepresentation is being considered, so I will pursue the matter through the appropriate channels.

Thanks for the replies, even the ones that suggest I'm some sort of elitist !!!! ��

lincroft1710

What are you hoping to get from the developer?

[Deleted User]

lincroft1710 wrote: »

What are you hoping to get from the developer?

That's a good question.

Riderchris1 wrote: »

Having obtained legal advice today it appears that verbal comments are held to account where misrepresentation is being considered, so I will pursue the matter through the appropriate channels.

Be careful that "legal advice" doesn't end up costing you money but with nothing very much to show for it.

You don't truly expect a significant sum to be knocked off the cost of your house(s) do you?

Verbal comments are indeed taken into account, but if your whole case hinges on them then I wouldn't be confident in the result of any court proceedings...

Leo2020

This would be better moved to the house buying and rent section.

My advice is that any claim you make you would have to prove. Do you have any written evidence? Recordings of conversations?

The thing is sales people lie. They shouldn't of course but they do. They lie because they think you won't buy if you get the wrong answer. If they had been honest then chances are you wouldn't have bought a house but the problem is all developments over a certain size have to have a percentage of social housing. I suspect many people buying new builds don't want that, not that I have sympathy for the developers but I can understand why they try to make the social housing sound better than many people think. Yes of course you won't be living next to criminals, of course they all have jobs and are really nice people - the sales people will tell you anything.

But of course your neighbours who bought they houses could have bought it with money gained by illegal means. You cannot tell and its probally best you don't delve too far into your neighbours' pasts as you are bound to find something you don't like - as you have already found out.