Missold flat with garden

jesseironman

Hi,

I hope someone can give some advise. I brought a flat that was advertised with a garden and i went to the viewing and was shown around the garden.

I brought the flat some months ago and after getting the contract and deeds through my email i noticed the deeds show that the other flat in the building actually owns the garden.

My question is does the estate agent have a legal requirement to actually make sure that the seller owns what they are selling?

who can i make a complaint to or get compensation or something?

Thanks

Caz3121

what has your conveyancer said?

babyblade41

It's up to you to do your due diligence , when you saw the deeds from LR did it include the garden ? 

user1977

Did you tell your conveyancer that it was meant to include the garden? Did they tell you what the title actually included?

jesseironman

No the deeds show we own a small quarter of the right side of the garden not the full half of the left as advertised, this is being looked into but I was more questioning whether the estate agent has any responsibility to actually check before advertising the property that the current owner actually owns what they are trying to sell

TadleyBaggie

What was the actual Estate Agent wording? If it was "Flat with garden" then it's not untrue.

babyblade41

jesseironman said:

No the deeds show we own a small quarter of the right side of the garden not the full half of the left as advertised, this is being looked into but I was more questioning whether the estate agent has any responsibility to actually check before advertising the property that the current owner actually owns what they are trying to sell

EA only tells you what the vendor tells him ... I'm afraid it's up to your solicitor to check everything is correct and for you to double check against the deeds 
They will send you the deeds and ask you to check that what is written down is the same as what is on the ground . 

jesseironman

The Estate Agent listing stated, Flat with 12M garden and photos of this garden, on the viewing we saw the garden of which the seller claimed to be using for a few years as her garden since she first purchased. It has come to light on the deeds the garden is actually a 6M garden on the other side of the property

babyblade41

I understand but what did it say on the deeds when you were sent them to check ? 

jesseironman

The deeds have a picture of the garden and the boundaries stating the other flat in the property owns the garden of which was advertised to be sold with my flat i am buying

theartfullodger

Surely miss-purchased rather than miss-sold?