First time buyer - mis-sold

JEA92

Hi everyone,

First time buyer!

I recently purchased an apartment in Chelmsford on a Shared Owndership bases (25%) from Colne Housing Association. The apartment is great however, since completing, the following things have come up:

- Parking: I knew the property didn't come with a dedicated parking space so I spoke to the agent about permit parking on the roads nearby. I made it very clear that if parking was not available, I wouldn't be interested in pursuing. She assured me that there was plenty of permit parking and it's a simple and cost-effective to set up. The day after completing, I called the council to purchase permits only to find out that new builds are exempt and have been since 2015. I have complained a number of times and I have in writing that the agent mis-informed us.

- Utility cupboard: in the appartment, I have a small 'utility' cupboard that has fittings for a washing machine - this is what the agent said to me when I first viewed the property. I was struggling to find the correct part online to install my washing machine, so I asked the site manager for his help. He proceeded to tell me that he had advised the agent not to sell the room as a utility cupboard as it's not safe to install a washing machine - the reason for this is because Colne did not want to pay for the correct ventilation.

- Shops: when viewing the property initially, I spoke to the agent at length about viewing a different property and my reason for not pursuing was because there were shops underneath and I wasn't happy with the thought of having a food outlet/takeaway underneath my flat. She agreed with me. I found out yesterday that the space on the ground floor of the apartment block I live in is, low and belhold, going to be shops: Costa, Nandos, Pharmacy.

I'm going to go through my contract this evening regarding the shops situation, but do you think I have any leg to stand on with complaining about these points? And who do I complain to exactly?!

Feeling very foolish!

Thanks,

Jade

Guest101

JEA92 wrote: »

Hi everyone,

First time buyer!

I recently purchased an apartment in Chelmsford on a Shared Owndership bases (25%) from Colne Housing Association. The apartment is great however, since completing, the following things have come up:

- Parking: I knew the property didn't come with a dedicated parking space so I spoke to the agent about permit parking on the roads nearby. I made it very clear that if parking was not available, I wouldn't be interested in pursuing. She assured me that there was plenty of permit parking and it's a simple and cost-effective to set up. The day after completing, I called the council to purchase permits only to find out that new builds are exempt and have been since 2015. I have complained a number of times and I have in writing that the agent mis-informed us. - I think that you should've checked this out. That's [art of your due diligence.

- Utility cupboard: in the appartment, I have a small 'utility' cupboard that has fittings for a washing machine - this is what the agent said to me when I first viewed the property. I was struggling to find the correct part online to install my washing machine, so I asked the site manager for his help. He proceeded to tell me that he had advised the agent not to sell the room as a utility cupboard as it's not safe to install a washing machine - the reason for this is because Colne did not want to pay for the correct ventilation. - again that's down to you really.

- Shops: when viewing the property initially, I spoke to the agent at length about viewing a different property and my reason for not pursuing was because there were shops underneath and I wasn't happy with the thought of having a food outlet/takeaway underneath my flat. She agreed with me. I found out yesterday that the space on the ground floor of the apartment block I live in is, low and belhold, going to be shops: Costa, Nandos, Pharmacy. - Again that's down to you. (and if there were commercial properties in the plans, fairly obvious)

I'm going to go through my contract this evening regarding the shops situation, but do you think I have any leg to stand on with complaining about these points? And who do I complain to exactly?! - No, seriously not at all.

Feeling very foolish!

Thanks,

Jade

Sorry, but I don't think you've been mis-sold.

JEA92

Hi Guest 101,

Thanks for your points in red.

Parking - we did check this out. We called the council and they confirmed that we could get a parking permit (like the agent did). We raised this and got the phone recording from the council and they put it down to human error.

Utility cupboard - thanks for your comment but I'm not sure I understand why? It's been sold as a utility cupboard (also in the contract).

Shops - thought this would have been the case however, when raised with the solicitors prior to exchanging, we were not made aware of it.

Thanks

neilio

- Parking: Chalk this up to experience; if you need to know about a service you require from the local authorities then go to the authorities in the first instance to inquire. The council would've told you the status of permit parking.

Utilities - Yes, complain about the conduct of the site manager for making the accusation that the building hasn't been built correctly. There are probably others on this forum who can go into the legalities of this more than me. But if I was in your position, I'd contact the housing association immediately to clarify what the site manager is referring to.

- Shops: So the agent agreed with you but you went for the property anyway. What do you want to complain about, exactly? What were you expecting when you saw that there was vacant commercial space on the ground floor?

neilio

Update on the parking point - Yes you could complain to the agent but assume this is only to make them aware so they don't mislead future buyers. They aren't going to make a concession for you. As for the council, I'm afraid they probably won't make a concession for you either. This is a local authority we're talking about and they are following policy, not a business being accused of false advertising.

Guest101

JEA92 wrote: »

Hi Guest 101,

Thanks for your points in red.

Parking - we did check this out. We called the council and they confirmed that we could get a parking permit (like the agent did). We raised this and got the phone recording from the council and they put it down to human error. - So how can that be the estate agents fault?

Utility cupboard - thanks for your comment but I'm not sure I understand why? It's been sold as a utility cupboard (also in the contract). - But a utility cupboard doesn't at least to me, and probably to many others, mean a washing machine can be used. Something your surveyor should've picked up, did you have a home buyers report done?

Shops - thought this would have been the case however, when raised with the solicitors prior to exchanging, we were not made aware of it. - So again how can this be anyone else's fault?

Thanks

I think you need to read back what you wrote and see where the errors lie, as they don't seem to with the agent (who in any case can only proffer information supplied and opinion)

rtho782

Why would a washing machine need ventilation?

AdrianC

rtho782 wrote: »

Why would a washing machine need ventilation?

If it's a small and unventilated space, then there's the possibility for heat build-up, especially if it's a washer-dryer.

davidmcn

JEA92 wrote: »

Shops - thought this would have been the case however, when raised with the solicitors prior to exchanging, we were not made aware of it.

So what did the solicitors say in response when you raised it?

rtho782

AdrianC wrote: »

If it's a small and unventilated space, then there's the possibility for heat build-up, especially if it's a washer-dryer.

Washer dryers usually dump the heat out with the waste water, but I mean, at worst you just keep the door to the cupboard open while it's running...

EA1

Hi,

Prepare for the essay!

As a regional manager of a large Agent I deal with similar complaints on occasion. Generally speaking the agent is always blamed should issues arises post sale but the reality is the agent isn't to blame in most cases. I'm certainly not leaping to the defence of estate agents and I generally share the same view as Joe public as regards some agency practices.

The agent represents the property on behalf of their vendor so the issue may lie with the description or in this case the misdescription when the property is presented. An agents only defence in a misdescriptions dispute is due diligence, in other words the vendor has signed and agreed the agent is representing the property factually and correctly. Your only recourse would be if the room to which you refer was misrepresented by the agent (sales particulars or email correspondence). Verbally it's simply your word against theirs.

Beyond the point of sale the transaction is very much in the hands of the solicitors. I have no idea when the building was constructed or if it is a new construction and to which commercial usage has been assigned. You would hope something like that may come up in your searches but nevertheless it is down to the buyer to satisfy. The agent agreeing with you is irrelevant as a counter argument could be the existing commercial premises maybe used for commercial means that you maybe happy with currently, however, that businesses lease could be up in a 6 months and a new 'fast food outlet' could take its place. The point I'm making is you can choose your neighbours today but not necessarily tomorrow and a commercial premises will always come with that risk. There are other implications regarding lenders restrictive lending on an adjoining commercial premises.

With all due respect if the parking was deal breaker I would not take the word of the estate agent given the magnitude of your commitment. It could be argued the availability is subject to change and at the time of discussion permits were readily available. Nevertheless buying a property without doing that due diligence is your responsibility. It is unlikely the permit parking availability would be mentioned in the sales particulars.

The agent will have a formal complaints procedure so ask for it. It will likely involve you putting your complaint in writing to the office manager to which they first need to acknowledge your complaint then reply, likely within 15 days. Should you not be satisfied with their response a more senior member of staff (or business owner) will have to independently look in to your complaint. Failing the outcome of that you can then approach the property ombudsman tpos.co.uk and they will look in to the matter externally (assuming the agent is a tpos member). At this stage don't waste your time approaching the tpos as they will refer you back to the agent.

Personally I don’t think you have much cause to complain other than a specific misdescription in the sales particulars should that be the case.