Is it illegal for estate agents to false advertise?

Help1234

Is it illegal for an estate agent to advertise a house as three bedrooms, when one of those bedrooms is a loft conversion with no planning permission and no building regulations?

Slithery

Estate agents aren't surveyors (or lawyers), they just go on the details that the vendors have given them.

There will be a disclaimer in the property details saying that all details are correct to the best of their knowledge, and are in no way binding.

davidmcn

Help1234 wrote: »

Is it illegal for an estate agent to advertise a house as three bedrooms, when one of those bedrooms is a loft conversion with no planning permission and no building regulations?

I'm guessing this might be related to your previous thread:

https://forums.moneysavingexpert.com/discussion/comment/72871978#Comment_72871978

but it seems to have escalated somewhat since Friday afternoon - can you fill us in?

It would probably be unlawful for an EA to tell you that an alteration has planning permission or building regulation consent when they know that it doesn't. But many (most?) loft conversions don't need planning permission, and the extent to which a lack of building regulations matters depends on how old the alteration is.

Help1234

Hi, yes it does. I haven't had confirmation yet whether it does or does not meet BR but I am trying to be as prepared as possible for the consequences if it does not - ie would the EA need to revalue/market the house. I did a local authority search and there is nothing in there, but I see now you say most don't need planning permission.

walwyn1978

Slithery wrote: »

Estate agents aren't surveyors (or lawyers), they just go on the details that the vendors have given them.

There will be a disclaimer in the property details saying that all details are correct to the best of their knowledge, and are in no way binding.

That.

EA: oh, that looks like a loft conversion, did you do it?

Vendor, lying: no, it was here before us

EA assumed it's therefore been passed and has PP. EA's don't have the skill/time to visually see whether something meets building regs, unless its blindingly obvious.

phill99

EAs will provide information given to them in good faith. On the particulars there will be a disclaimer about purchasers having to undertake due diligence etc. They are not employed to confirm title, Building Regs, Planning Permission etc. That's why you employ a solicitor. When it is valued, it may well be valued as a 2 bedroom with loft storage room.

p00hsticks

Help1234 wrote: »

Is it illegal for an estate agent to advertise a house as three bedrooms, when one of those bedrooms is a loft conversion with no planning permission and no building regulations?

I can't see how it can be, when there isn't really a standard definition of what makes a room a 'bedroom'.

For example, the property linked to in your previous thread has six rooms as well as kitchen. bathroom etc.

The fact that they are described as lounge, sitting room, dining room ,bedroom 1, bedroom 2 and attic room is pretty arbitrary.

You could just as easily say it's a one bedroom house with lounge, dining room, sitting room, study, library and bedroom.

Or a five bedroomed house with a lounge/diner.

It's just meaningless as a headline - you have to look at the detailed description and/or floorplan and decide how you want to use the rooms within it.

Help1234

Fair enough. But what about when the EA becomes aware that there are no BR? Should valuations and advertising be adjusted accordingly?

Slithery

It isn't the EA that sets the price, it's the vendor.

Doozergirl

The house that you linked to will have no building regs paperwork either from the day it was built, let alone the loft conversion. It doesn't mean it isn't a house.

What is important is the structure.

If you are uncertain about these houses, don't buy one.

I can remember a post on here where a vendor was having to try and prove that a 'loft conversion' was actually an original, Victorian second floor as the buyer's solicitor was kicking off. Solicitors often don't understand building regs and EAs end up backside covering to compensate.

agrinnall

Help1234 wrote: »

ie would the EA need to revalue/market the house.

If you like the house get your own survey done and see what value it comes up with. If as you seem to think it's not a valid 3rd bedroom then your own valuation will be lower than the asking price and you can offer based on that.