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Missold flat with garden

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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

«134

Comments

  • Caz3121
    Caz3121 Posts: 15,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    what has your conveyancer said?
  • babyblade41
    babyblade41 Posts: 3,962 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    It's up to you to do your due diligence , when you saw the deeds from LR did it include the garden ? 
  • user1977
    user1977 Posts: 17,789 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Did you tell your conveyancer that it was meant to include the garden? Did they tell you what the title actually included?
  • 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
    TadleyBaggie Posts: 6,624 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    What was the actual Estate Agent wording? If it was "Flat with garden" then it's not untrue.
  • babyblade41
    babyblade41 Posts: 3,962 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    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 . 
  • 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
    babyblade41 Posts: 3,962 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I understand but what did it say on the deeds when you were sent them to check ? 
  • 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
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