Small claims court for false advertising

Just911

Back in December, I had to retract my offer on a house due to some major inconsistencies with what was being advertised and what was officially on offer.  Quite late in the process, I came to learn that the off-street parking was in fact a shared drive with the neighbour and the private garden was not so private as the neighbour has direct access to my garden via theirs.  

What was advertised was a property with off-street parking and a large private garden.  I know estate agents are covered by that caveat which means the description of the property is the sole responsibility of the seller, however, in the process I lost £3000.00 in survey and solicitor fees.

Can I take the seller to small claims court to claim back the money lost? The seller was fully aware of what they were selling and provided inaccurate information to the estate agents. 

teachfast

This gets asked a lot and the usual answer is no. Ombudsman if you want to do anything. 

Doozergirl

No chance.  

A shared drive is still off street parking and a private garden is still a privately owned garden even if it has a right of way through it.    No one else can use it as a garden.  

You could have spent £3 at the Land Registry and discovered the extent. 

AdrianC

No. You had no contract to buy until exchange, and you didn't progress that far.

As you say, the EA is not to blame here - the vendor lied to them, and they advertised in good faith based on the information they were given.

Thank your solicitor for doing their job properly.

Next time, you can spend a few quid to download the title from the Land Registry, and determine the true extent of boundaries prior to even viewing.

Redwino222

Was it not obvious when you viewed that the parking was a shared driveway?

I assume in respect of the garden it’s a right of way to remove bins etc? Did you notice a gate?  It is probably something the estate agent should have made you aware of - is some areas it is very common.  It’s not a shared garden though I assume - you won it - someone can just walk across it?

saajan_12

Just911 said:

Back in December, I had to retract my offer on a house due to some major inconsistencies with what was being advertised and what was officially on offer.  Quite late in the process, I came to learn that the off-street parking was in fact a shared drive with the neighbour and the private garden was not so private as the neighbour has direct access to my garden via theirs.  

What was advertised was a property with off-street parking and a large private garden.  I know estate agents are covered by that caveat which means the description of the property is the sole responsibility of the seller, however, in the process I lost £3000.00 in survey and solicitor fees.

Can I take the seller to small claims court to claim back the money lost? The seller was fully aware of what they were selling and provided inaccurate information to the estate agents. 

No - 
1) Details weren't false:
- The shared drive does provide some off street parking, ie in a location where you're only competing with one person, not all local residents / visitors / commuters being allowed to park there, and somewhat away from fast moving traffic. The words 'off-street parking' don't make any claims on exclusive use of this, and a shared parking lot for a block of flats on a first come first serve basis could also be given the same description. 
- Private garden generally means as opposed to a communal space where multiple households has equal right to store belongings / relax there as you do. You have a garden thats yours, but a neighbour has a right of way ie to walk over it? 

2) Even if they were false, you were told they could be false (via the disclaimer). An advert is simply to invite someone to view, the agent (or seller) had no responsibility to ensure the details were correct at the point of advertising. You would make any and all enquiries via specific questions or via solicitors - at that point, they can't lie. 

3) Even if they were false and even if there was a responsibility to ensure they were correct, you could have mitigated your damages. Instead of spending £3000 on a survey and solicitor, you could have spent £3 getting the plan from land registry to check both these points. 

So basically, no they're not liable, and even if they were, it would be £3. This is the risk of house buying, and this is why you satisfy yourself on the basic framework of what you're buying (eg via land reg) before spending significant money. 

Marvel1

Just911 said:

Back in December, I had to retract my offer on a house due to some major inconsistencies with what was being advertised and what was officially on offer.  Quite late in the process, I came to learn that the off-street parking was in fact a shared drive with the neighbour and the private garden was not so private as the neighbour has direct access to my garden via theirs.  

What was advertised was a property with off-street parking and a large private garden.  I know estate agents are covered by that caveat which means the description of the property is the sole responsibility of the seller, however, in the process I lost £3000.00 in survey and solicitor fees.

Can I take the seller to small claims court to claim back the money lost? The seller was fully aware of what they were selling and provided inaccurate information to the estate agents. 

It's true, there is off-street parking.

Direct garden access, right of way only? Again true, as not shared with anyone for use.

cherdoll

It is such a suing blame culture now. £3k is a small price to pay to have found out it isn't the right place for you

[Deleted User]

cherdoll said:

It is such a suing blame culture now. £3k is a small price to pay to have found out it isn't the right place for you

Well its 2997 more than necessary to find out

davilown

Just911 said:

Back in December, I had to retract my offer on a house due to some major inconsistencies with what was being advertised and what was officially on offer.  Quite late in the process, I came to learn that the off-street parking was in fact a shared drive with the neighbour and the private garden was not so private as the neighbour has direct access to my garden via theirs.  

What was advertised was a property with off-street parking and a large private garden.  I know estate agents are covered by that caveat which means the description of the property is the sole responsibility of the seller, however, in the process I lost £3000.00 in survey and solicitor fees.

Can I take the seller to small claims court to claim back the money lost? The seller was fully aware of what they were selling and provided inaccurate information to the estate agents. 

£3000 in fees? I think they saw you coming!

Obviously you carried out due diligence via you solicitor to confirm the status of the driveway?

Always a good idea to download a copy of the deeds (if available) for £3