Misrepresented house sale has fallen through - can I claim for costs?

ajm410

Hi all,

I've recently tried buying a flat, which has fallen through as a result of it being misrepresented to me.

It was advertised as a share of the freehold property, for which a price was agreed upon; however, upon my solicitor receiving contracts from the seller's, it turned out that it was in fact a leasehold property with a short lease. I was told this mistake was due to the seller misunderstood the situation when listing the flat with the estate agent...

Despite my annoyance, I said I would be prepared to continue if they take half the estimated cost of renewing the lease (which I planned to undertake after living there for 2 years) of the agreed price (appox. 5k) - they have said that they are not prepared to do this, and so I have told them I do not wish to proceed.

Obviously, I have incurred some legal costs throughout this process due to this misrepresentation - does anyone know if I am in a position where I can attempt to claim it back from the seller/agent easily?

Thanks as always!

anselld

No chance. The agent will say they acted in good faith on information given by the seller.

Surrey_EA

ajm410 wrote: »

Obviously, I have incurred some legal costs throughout this process due to this misrepresentation - does anyone know if I am in a position where I can attempt to claim it back from the seller/agent easily?

In a word, no.

ajm410

Thought not; thanks!

dares_uk

you could sue them for misrepresentation, they have been negligent in checking the details of what they are selling.

glentoran99

dares_uk wrote: »

you could sue them for misrepresentation, they have been negligent in checking the details of what they are selling.

nonsense, Quite simply nonsense, That's why you pay solictors its not an estate agents job to check they go on the sellers instructions

dares_uk

The estate agents have to provide you with the correct information for you to be able to make an informed decision. They have clearly not checked the basics of the property they are listing. A simple look at the title etc.. would of told them that. They should not be relying on a SPIF form from the seller.

glentoran99

dares_uk wrote: »

The estate agents have to provide you with the correct information for you to be able to make an informed decision. They have clearly not checked the basics of the property they are listing. A simple look at the title etc.. would of told them that. They should not be relying on a SPIF form from the seller.

Estate agents don't look at the title though, Its not their job to do so

dares_uk

They should be, it may not be a specific role they have to do. but they should be providing the correct information on a property for the buyer to be able to make an informed decision. It is mis-advertising/misrepresentation. Alternatively sue the seller, get / keep a copy of the SPIF form, that forms part of the legal contract.

Surrey_EA

dares_uk wrote: »

They should be, it may not be a specific role they have to do. but they should be providing the correct information on a property for the buyer to be able to make an informed decision. It is mis-advertising/misrepresentation.

I don't disagree, but given the quality of many of the estate agents I meet I wouldn't feel hugely confident they would be able to interpret the information correctly!

dares_uk wrote: »

Alternatively sue the seller, get / keep a copy of the SPIF form, that forms part of the legal contract.

At the stage this sale had reached no contract had been entered in to.

dares_uk

That's true, but you have instructed / enter into a contract with a solicitor based on the information you have been provided, which is incorrect. If the information had been correct he would not of entered into that contract with the solicitor and hence not incurring any costs.


The only way would be to sue the EA/Seller. I have/am going through the same process at the moment after having a complaint to the TPO dismissed on the grounds its a consumer/solicitor issue, and was advised to continue my case through the small claims court, at a cost just over £200.