Flat advertised with residents' parking when none

Cheesenbranston

I recently purchased a flat which was advertised with residents' parking in additional to other off-road parking. This was included in both the online advertisement and the Home Report; I have bought in Scotland. I brought this to the attention of my conveyancing solicitor who said that there was no mention of a parking space in the deeds, so there was little I could do.

The area described by the Vendor's Agent as Residents' parking is actually a public road, and is used by workers in the local area as their car park for the day, and visitors to a local shopping centre.

I'd appreciate some advice on whether there is a case for the vendor's agent to answer. While I would expect a space specifically assigned to me to be highlighted in any deeds, I don't know what the case is with a residents' parking area.

I never have a problem parking in the area outside my flat at the weekend, i.e. when the spaces aren't occupied by working people. On the odd occasion I do have a problem it is due to shoppers visiting local shops.

Tiglet2

I'm not sure if it's different in Scotland, but in England the Estate Agent's particulars are drawn up following information supplied by the vendor. They do not investigate whether or not the vendor's information is correct - they are salespeople.

It is the solicitor/conveyancer's job to investigate the legal title of the property - it is exactly why you instruct a solicitor to act on your behalf in the first place. I assume your solicitor did explain that there were no allocated parking spaces? If there is residents parking area available, it sounds as though it's first come first served and perhaps the policing of the parking area is rather lax, hence workmen and shoppers using the facilities.

Have you actually completed on this purchase and are now living at the property? If so, I don't think you will get anywhere with this. The time to have queried the parking arrangements would have been before exchange and when you knew there wasn't an allocated space.

moneyistooshorttomention

Things may be different in your part of the country.

My sympathies that you've been lied to.

Only thing I can say is - the vendor will be the one that told lies in this respect. The EA will have taken it "in good faith" as to what the vendor told them.

So I'd say you need to focus on whether there is any comeback on the vendor for the lie they told about this.

davidmcn

Cheesenbranston wrote: »

I brought this to the attention of my conveyancing solicitor who said that there was no mention of a parking space in the deeds, so there was little I could do.

You could have not proceeded with the purchase, surely? Or renegotiated the price.

If the "residents parking" is a public road, isn't that obvious from visiting the property? At the very least you would have seen that spaces weren't allocated and there wasn't any enforcement of who was parking.

googler

Cheesenbranston wrote: »

I recently purchased a flat which was advertised with residents' parking in additional to other off-road parking. This was included in both the online advertisement and the Home Report; I have bought in Scotland. I brought this to the attention of my conveyancing solicitor who said that there was no mention of a parking space in the deeds, so there was little I could do.

... but you went ahead and bought it anyway.

The area described by the Vendor's Agent as Residents' parking is actually a public road, and is used by workers in the local area as their car park for the day, and visitors to a local shopping centre.

I'd appreciate some advice on whether there is a case for the vendor's agent to answer.

None. You accepted the situation, once your solicitor had performed the title check (which is when he advised you it wasnt' in the deeds), by instructing him to conclude missives and complete the purchase for you. You now want to go back and claim recompense for something you contractually accepted in the past.

While I would expect a space specifically assigned to me to be highlighted in any deeds, I don't know what the case is with a residents' parking area.

Any shared parking should be mentioned in the deeds for every property to which it applies


I never have a problem parking in the area outside my flat at the weekend, i.e. when the spaces aren't occupied by working people. On the odd occasion I do have a problem it is due to shoppers visiting local shops.

The selling agent will not check the title for you. That's your solicitor's job.

The selling agent may well have been misled by the owner. As long as they can show they've taken all reasonable steps to ensure details are correct, they've complied with their legal obligations. Even if they hadn't, there's nothing in the applicable legislation which provides for them to make recompense to you. There's provision for them to be fined, but any such fine goes to Her Majesty's offices.

googler

moneyistooshorttomention wrote: »

So I'd say you need to focus on whether there is any comeback on the vendor for the lie they told about this.

How can there be, when the OP went ahead with the purchase, even when his/her solicitor specifically advised that the advertised parking was not included in the purchase?

The time to protest was then.

Margot123

You purchase a property based on the deeds not on the estate agent's advert, surely?

How many do you see on RM advertised as 'detached' when they are in fact semis? Countless...
Just yesterday, there was a houseboat advertised as a '3-bed detached'.
Caveat emptor.

theartfullodger

A houseboat with 3 beds would be detached. Although attached to the moorings, bit like a detached house is attached to the ground.

googler

Margot123 wrote: »

Just yesterday, there was a houseboat advertised as a '3-bed detached'.

I think we can assume that "houseboat" is not in the drop-down menu for house type, then ...

csgohan4

Why did you go ahead anyways with no parking mentioned on the deeds???? Especially as it's so important to you????

EachPenny

Cheesenbranston wrote: »

The area described by the Vendor's Agent as Residents' parking is actually a public road, and is used by workers in the local area as their car park for the day, and visitors to a local shopping centre.

What was the precise wording used?

"Residents only parking" means something different to "Resident's parking" which means something different to "Resident parking". I'd suggest "Residents' parking" means something different again.