Garage not included

sam110xox

I’m 2028, my mum bought a new build house. It was bought under a housing scheme. All was well with the purchase, it went smoothly. The house she bought was the last one of that style available. Detached house, with a double drive in front. It is a squeeze to get 2 card on there but it serves purpose. There is a drive way at the side of the house large enough for 3 cars and a detached garage. When initially purchasing, she was told this was for the house next door, which had already sold (a different type of house too).

Fast forward 18 months. My mum and her partner have had a relationship breakdown so she has been looking into possibly selling. She has found however that as they have continued to build more of that style house on the estate, they are being sold for the same price which she paid for hers however, they all have garages. They appear to be in the exact same layout with the detached garage and drive way down the side however where she has a double drive at the front, they have extra lawn.

She has checked her original mortgage valuation and it was valued including the garage. The value of the house now is a fair bit lower than what she initially paid as it is now being valued without the garage.

I know she should have checked the report carefully but unfortunately, she didn’t. My question is. Has anyone else been in a similar situation? What did you do? Is there anything that can be done? Who would we look at speaking to? The mortgage company have said the brokers we used were responsible for the initial valuation. Could the developer be in error? She doesn’t know where to turn and can’t afford to loose out on such a large chunk of money as the council will take a share of it is sold

sam110xox

That should be in 2018.

ACG

You probably need to speak to your solicitors and find out what was on all of the paperwork.

Forget the other houses with a garage, those are not relevant. 

davidmcn

So, who does own the garage? Your mum didn't expect to be buying it, so she can't really complain to anyone that she didn't buy it.

The only party who might have cause for complaint is the lender, if they ever repossess and suffer a shortfall because nobody pointed out to them that the valuer's assumption was incorrect.

DCFC79

sam110xox said:

That should be in 2018.

To edit a post use the small cog that's on the post your trying to edit.

sam110xox

davidmcn said:

So, who does own the garage? Your mum didn't expect to be buying it, so she can't really complain to anyone that she didn't buy it.

The only party who might have cause for complaint is the lender, if they ever repossess and suffer a shortfall because nobody pointed out to them that the valuer's assumption was incorrect.

The house next door owns the garage. It’s not that she has assumed that she should be buying the garage but more that when she bought the house it was the only one of its type so so one to compare it to. Now more have been released, they are the same price with the garage which my mum paid for hers without a garage.. now she is looking to sell, it is valued £10,000 less as it has no garage. 

I was just wondering whether anything could be done as in if she has been incorrectly charged for something which they have not bought? The layout of the development implies at one time, the garage may have been intended for my mums house.

I appreciate she should have read everything thoroughly at the time but mistakes are made and that is why we instruct solicitors and mortgage brokers to double check things are correct.

[Deleted User]

Intention is all well and good but unless its in the contract then it wasnt supposed to be included with the purchase. 
The solicitor never visits the property so unless someone says 'can you make sure the garage next door is included with the purchase' they wont know there was an error.  Prior to exchange all the documents would have been sent to your mother including the title plan, this was the chance to point out the misunderstanding.  

The only thing, as mentioned previously, that might be an issue is the lender being annoyed that no one pointed out that the valuer made an incorrect assumption. But then who's fault is that? brokers rarely get a copy of the valuation report, solicitors dont always get a copy.  Again, without someone telling them that the garage is/isnt included they would know whether to investigate it

vacheron

sam110xox said:

davidmcn said:

So, who does own the garage? Your mum didn't expect to be buying it, so she can't really complain to anyone that she didn't buy it.

The only party who might have cause for complaint is the lender, if they ever repossess and suffer a shortfall because nobody pointed out to them that the valuer's assumption was incorrect.

The house next door owns the garage. It’s not that she has assumed that she should be buying the garage but more that when she bought the house it was the only one of its type so so one to compare it to. Now more have been released, they are the same price with the garage which my mum paid for hers without a garage.. now she is looking to sell, it is valued £10,000 less as it has no garage. 

I was just wondering whether anything could be done as in if she has been incorrectly charged for something which they have not bought? The layout of the development implies at one time, the garage may have been intended for my mums house.

I appreciate she should have read everything thoroughly at the time but mistakes are made and that is why we instruct solicitors and mortgage brokers to double check things are correct.

Was the mortgage valuation arranged by the lender or by your mum?

If it is a lenders mortgage valuation it would be the lenders problem should there be a shortfall as they were the ones who engaged the valuers. Your mum simply paid for it during the mortgage application. In this is the case, your mum has (knowingly) paid for a house without a garage at a price she was happy with at the time and she hasn't been "charged" for anything (unless the garage was listed as a separate £10K "charge", which you suggest it wasn't). 

If your mum had arranged an independent valuation in addition to the mortgage lender, then she may have a case with the valuer that she paid over the odds because the valuation suggested a higher price as it included a garage which was not part of the property, but as it seems the report clearly states that it includes the garage, this would not help her case.

davidmcn

sam110xox said:

davidmcn said:

So, who does own the garage? Your mum didn't expect to be buying it, so she can't really complain to anyone that she didn't buy it.

The only party who might have cause for complaint is the lender, if they ever repossess and suffer a shortfall because nobody pointed out to them that the valuer's assumption was incorrect.

I was just wondering whether anything could be done as in if she has been incorrectly charged for something which they have not bought?

She agreed a price for a house without a garage, she's bought a house without a garage. She hasn't been incorrectly charged. Maybe she paid over the odds for it, but all she can do about that now is feel regret.

sam110xox

Thank you all for the replies. I believe the developers have advertised the house without a garage and when the valuation was done (arranged by the mortgage broker) it was valued with the garage. This was not noticed unfortunately by any party. My mum knew there would not be a garage.

i have not said she has been charged £10k for a garage. I have said that her house is now being valued without a garage and is £10k less whereas the one with the garages are the price she paid. This leads me to believe the initial valuation would have been different had it been correct and she has paid more that she should have. Yes she was happy with the price when she bought it, there are no issues with that. 

Thank you again for replies, they have been helpful.