Help - Estate Agent mislead on a property purchse which has now cost us thousands of pounds losses

System

mije1983 wrote: »

How would the EA know the property was in a flood risk area? If the OP didn't realise, then I assume it means there isn't something obvious like a river running through the garden. .

The OP said that there had been other sales fall through due to the same reason so yes the EA was aware that there was a material fact that would influence a buyers decision

System

Surrey_EA wrote: »

As already highlighted, the PMA no longer exists. It has been replaced by Consumer Protection Regulations.

In any event, I don't see how what is being described by the OP would fall within the field of what needs to be disclosed. It's part of the reason you pay your solicitor to carry out relevant searches.

OK, I wasn't aware this had changed but the fact remains should an EA become aware of any material fact that would influence whether someone would offer on a property or not they have to disclose it, same as if someone had died in a house, this has to be declared.


davidmcn
took this from the CPR and having read the document is pretty much the same as the PMA


5.36 If new information comes to light about the property that you are marketing, for


example when a sale falls through, consider:


!!!61623; whether any previous advice you gave to your client may need to be revised, and


!!!61623; whether there may be implications for your marketing of the property:


o are there existing statements in the particulars or other marketing




information that may need to be amended?


o could the new information be material information that must be disclosed to all future prospective buyers?


I still think my point is valid.

Surrey_EA

Simonr66 wrote: »

The OP said that there had been other sales fall through due to the same reason so yes the EA was aware that there was a material fact that would influence a buyers decision

The OP actually says:

rips33 wrote: »

The property had been turned down by two other potential buyers at a similar stage

A similar stage, not necessarily for the same reason.

System

Happy to stand corrected

davidmcn

Simonr66 wrote: »

same as if someone had died in a house, this has to be declared.

Houses are fairly normal places for people to die.

Someone being chopped into bits and hidden under the floorboards, perhaps...

hazyjo

Would love to know if the property particulars mentioned the river (or whatever it is) as a selling point lol! Got to be bloody near to be a 3. I'm still utterly stumped as to how the OP didn't appear to know it was there...

Margot123

No wonder estate agents have to put so many disclaimers on their adverts and websites!

Surrey_EA

davidmcn wrote: »

Houses are fairly normal places for people to die.

Someone being chopped into bits and hidden under the floorboards, perhaps...

Exactly, like most things, all depends on the specific circumstances.

A Georgian house, where someone may have dies in 1871, nobody can reasonably expect the EA to be aware or to disclose such info.

However, if the previous owner hung himself from the banisters 6 months ago, that would need to be disclosed today.

quantumlobster

Surrey_EA wrote: »

However, if the previous owner hung himself from the banisters 6 months ago, that would need to be disclosed today.

Interesting. Why is this the case?

Also, "hanged" :cool2:

davidmcn

Surrey_EA wrote: »

if the previous owner hung himself from the banisters 6 months ago, that would need to be disclosed today.

I really don't think so, unless it was a particularly notorious incident.