Estate Agent Lied

ddc79

Hi all,

I am a first time buyer, had an offer accepted, and gone ahead with appointing solicitors, a survey, mortgage etc all with associated costs.

I subsequently found out that the estate agent lied about the garden space (concrete and grass) belonging to the property I’m purchasing. My solicitor advised, evidenced with documents from land registry that the concrete belongs to the lower ground flat and that I have right of way over a small part of the concrete to get to the grass.

Having requested to speak with the seller, she apologised to me stating “The agent knew about the concrete area and should have advised you that this belongs to the lower ground flat”.

Before my offer was accepted, the Estate Agent coerced me into believing the process was going to last and final sealed bids.

I went above asking on my offer - but now I’ve lost trust in the vendor, I have mixed feelings.

Has anyone else experienced this before?
What would you do in this situation?
I like the property and will revise my offer but trying to work out the truth in all this is difficult.

Appreciate your thoughts,
DDC

worried_jim

Standard. If their lips are moving they are lying. This is why you employ a solicitor.

What do you call 1000 estate agents chained together at the bottom of the ocean? A good start.

anselld

As far as "truth" is concerned the only people you can trust is your Solicitor and any Surveyors etc you employ *independent* of the vendor.

Vendors lie, EAs lie or are too lazy to find out the truth so make up answers they think will get a sale. The lesson is only to trust your own research and your own experts.

In this case a £3 download of the title plan from Land Registry would probably have confirmed the extent of the garden rights for the flat.

warby68

There is nothing unusual in estate agents getting the finer details wrong - only so much goes into a standard listing. Its not necessarily a lie or an act of deception. They also depend on what the vendor tells them and do not do their own due diligence so the seller could easily omit, confuse or not even know themselves. That is why you employ a solicitor.

Best and final bids is not uncommon - why do you think you were coerced. If you didn't like it you could have left your original offer there?

Housebuying is fraught with lots of potential for error, misunderstanding, mind changing and problems along the way. This is where experience helps and why its particularly scary for FTBs. It feels very much like shifting sands. However its the same for all, the degrees just vary.

With a concrete area wasn't it more logical that it belonged to the flat it was outside rather than another random one? So an obvious thing to check.

This doesn't feel like a lie or deliberate deception for you to distrust the vendor - just simple laziness or miscommunication. It happens.

AnotherJoe

Not so sure I'd believe the seller. Less comeback on her lying by omission and not telling the EA than the EA lying.
If you still like the property by all means make a revised offer but bear in mind any potential loss in relate value have you lost a car parking space for example?

AdrianC

Why are you wanting to revise your offer?

Because you feel the value of the flat is lower without this piece of concrete?
Or because of your hurt feelings?

You can always ask for the offer to be reduced, right up to the point of exchange. What if the vendor refuses? You're happy to walk away?

Doozergirl

What did the listing say?

ddc79

Thanks everyone. I can't work out how to quote multiple comments in one reply.

@warby68 - Thanks for your reply. Perhaps 'coerced' was the wrong word to use. The concrete in question has zero access for the owner, unless over a fence that splits the garden or through their window. The agent held back information that the Seller confirmed was given to the Estate Agent.

@AnotherJoe - excellent thinking. Value of concrete area vs value if it were a car park space / garage.

@AdrianC - Great questions. I'm revising my offer because the property is worth less without the concrete space as part of the purchase. It's also a risk that the owner of said concrete space does something that isn't in the interest of the property. e.g. uses it as a storage space / dumping site. If the vendor refuses my offer, then the sale to me is off the table and I'll continue my search.

@Doozergirl - the listing shows photos of the area in question. The agent used this to their advantage to get bites and then failed to disclose ownership, despite knowing.

I like what @anselld says too - the only people you can trust is your own solicitor and the information you have in front of you.

Thank you to all for your replies - it's really helped me get perspective and it's shaped my thinking.

Wish me luck!

Thrugelmir

ddc79 wrote: »

The agent held back information that the Seller confirmed was given to the Estate Agent.

You've nothing but the vendors word for this.;)

EA has nothing to gain, as is wasting their time, vendor has plenty to gain or at least think that they do.

Davesnave

I've told this story before, but it bears repeating...
Viewing a Devon property with some land, my wife and I were perplexed because the plot didn't seem to cover the 3 acres stated, even allowing for half a river bed.

When the viewing agent was challenged on this he replied: "Well, you might not be able to see the extra acre, and I might not be able to find it either, but Mr Smith is convinced he has it here somewhere, and as he's paying us, we're inclined to believe him."

We lost interest in the property after we found out it shrunk still further when the river rose!