Were we miss-sold our home?

Jarjarbink

Hi so this isn't going to come across as the nicest thing as I haven't even met the neighbours yet but that's beside the point.

Basically when we purchased our new build home we had a choice of two houses, one with a garage which was next to 2 housing association homes and another which wasn't. Due to previous experiences we opted for the one without the garage but not next to the housing association homes.

We confirmed this with the sales rep and made our choice. Fast forward 2 years and no one had moved into it, until today when the housing association homes in the area started to become occupied including the one next door to us!

We feel that we have been miss-sold our house because of this, is this correct legally?

Doozergirl

How could have been mis-sold something when you were also offered the house next door at the time?

Slithery

I don't think you have a case.

No matter what property you purchase you have no guarantee that the local HA won't decide to purchase all of the surrounding properties the day after you complete.

Also the presumption that HA tenants are any more trouble than homeowners is both incorrect and small-minded.

mdori003

what exactly do you think you have a legal right to?

lisyloo

I am not a lawyer but I would say no.
You bought the house at the time on the basis that it was not housing association.
That was true at the time.
If it has since been sold to the HA since that time then you were not mis-sold.

Jarjarbink

Just to clarify when we bought the house they told us the one next door had been sold to another couple as would not go to housing association.

Further more I grew up in a council estate and lived in one for 7 years, I know full well that not all of them are bad but a lot of them I've met and experienced are.

EachPenny

Jarjarbink wrote: »

Just to clarify when we bought the house they told us the one next door had been sold to another couple as would not go to housing association.

That couple could have been buying using the profits from drug dealing and prostitution and planning to use the house as a brothel by day and a rave venue by night.

You might have had a very lucky escape.

lisyloo

Jarjarbink wrote: »

Just to clarify when we bought the house they told us the one next door had been sold to another couple as would not go to housing association.

I am guessing they meant sold subject to contract(so it’s was true at the time).

Are you saying it hasn’t changed hands during the two years?

Do you have the statement in writing?
Did your solicitor get it in writing?

You would first have to prove what you told (exactly) as I read it as there was no intention 2 years ago to sell to HA not that it would never be sold to HA.
And secondly that you have suffered some detriment I.e. your house value has dropped.

Can you do you both of those?

As an aside when something mattered to us (this was road being made to highway standard) we got it in writing via our solicitor and when the tarmac was not up to standard the builder had to fix it due to us having the agreement formally via our solicitor.

Thrugelmir

Jarjarbink wrote: »

Just to clarify when we bought the house they told us the one next door had been sold to another couple as would not go to housing association.

Two years has passed since. Did you ask again?

G_M

I think jarjarbink has a good point. And a strong legal case.


He made it clear before purchasing his home what kind of neighbours he finds acceptable, and what kind of neigbours he finds unacceptable.


The sales rep for the developers understood this, and reassured him. He received assurances about his future neighbours and relied on this information.


He is therefore clearly entitled to expect that throughout whatever period of time he owns the property he chose, the neighbours will conform to the catagorisation he finds acceptable.


If, at any time while he still owns this home, someone of a different catagoriasation moves in next door, he clearly has a strong legal case against the seller (the developer).



He is therefore entitled to claim damages, which would be assessed at the financial cost to him of selling his home, buying a (potentially more expensive?) home in an acceptable location, and compensation for the stress involved.

theartfullodger

Miss-sold probably not. Miss-bought, possibly.