Missold flat with garden

GDB2222

elsien said:

So you haven't been mis-sold a flat without a garden because you haven't bought it yet?
You may want to amend the thread title to be a little less misleading. 

Your solicitor has been following up on your concerns (albeit slowly) and you have been made aware that the garden you thought was included does not appear to be so you have been saved from making an expensive mistake. 

Why are you blaming the estate agent and not the vendor they got their information from? Seems to me that the whole point of the surveys etc is to show that you getting what you think you are getting and to give you the chance to pull out if this is not the case. Which is where you stand right now.
Yes it's annoying but a lot cheaper than if things had gone ahead without all the checks being carried out. 

The estate agent may have mis-described the property and thereby be liable. That may be because the owner mis-described it to the EA, but that may just mean that the EA can pass the cost on to the owner.

https://www.boltburdon.co.uk/blogs/estate-agents-update-end-of-the-property-misdescriptions-act-1991/

cheeky-peach

I must admit, I did always wonder in general around the checks. We recently sold our hold (sstc) and at no point were we asked if we owned the property. Granted, it seems a bit silly to ask but I bet there are cases where someone has tried to sell a property they are renting just for laughs.

GDB2222

cheeky-peach said:

I must admit, I did always wonder in general around the checks. We recently sold our hold (sstc) and at no point were we asked if we owned the property. Granted, it seems a bit silly to ask but I bet there are cases where someone has tried to sell a property they are renting just for laughs.

Not just for laughs. It's a known scam.

In response, the land Registry has set up an email alert system. You have to opt into it here:

https://propertyalert.landregistry.gov.uk/

Anyone letting out property should set up an alert. 

babyblade41

I'm totally confused.. if the OP has bought this and is living there then there is nothing you can do ...if , however you are still going through the process then this needs to be clarified before exchange ... what you see on the ground should match the title deeds , if not , why not?

This will be dealt with by your solicitor... if ,as you think , you don't have the garden you were expecting then you can either withdraw or reduce your offer .

Difficult to comment without clarification fromOP 

leypt1

Did your solicitor look into it as they said they would? What happened as a result of that and when were they planning on telling you?

I'd be asking them!

Tokmon

babyblade41 said:

I'm totally confused.. if the OP has bought this and is living there then there is nothing you can do ...if , however you are still going through the process then this needs to be clarified before exchange ... what you see on the ground should match the title deeds , if not , why not?

This will be dealt with by your solicitor... if ,as you think , you don't have the garden you were expecting then you can either withdraw or reduce your offer .

Difficult to comment without clarification fromOP 

The OP has clarified what stage in the process they are currently at:

jesseironman said:

I had my offer accepted in December, I received the title plan in February and questioned the garden position then, my solicitor said they will look into it. Since then there has been issue after issue with the lease it had to be forfeited and surrendered etc which is why the process has taken about 6 months so far. My question was being looked into back then but because they was drawing up a new lease I thought it would be corrected on the paperwork. I have now got the contract through with the title deed again and noticed the garden issue is still a thing. I was always under the impression that it come with this garden but its now not the case so I have lost 6 months of time because they have told me I would be getting a garden with this flat.

babyblade41

Tokmon said:

babyblade41 said:

I'm totally confused.. if the OP has bought this and is living there then there is nothing you can do ...if , however you are still going through the process then this needs to be clarified before exchange ... what you see on the ground should match the title deeds , if not , why not?

This will be dealt with by your solicitor... if ,as you think , you don't have the garden you were expecting then you can either withdraw or reduce your offer .

Difficult to comment without clarification fromOP 

The OP has clarified what stage in the process they are currently at:

jesseironman said:

I had my offer accepted in December, I received the title plan in February and questioned the garden position then, my solicitor said they will look into it. Since then there has been issue after issue with the lease it had to be forfeited and surrendered etc which is why the process has taken about 6 months so far. My question was being looked into back then but because they was drawing up a new lease I thought it would be corrected on the paperwork. I have now got the contract through with the title deed again and noticed the garden issue is still a thing. I was always under the impression that it come with this garden but its now not the case so I have lost 6 months of time because they have told me I would be getting a garden with this flat.

So they haven't purchased yet , they are going through due process is that correct ?

Then if that's the case then it just needs sorting out with solicitor....It hasn't been mis-sold as the property isn't sold yet ..slightly confusing title.

Solicitors will clarify from the deeds... what is what ...

Justonemorecupoftea

So have you bought it or not? If not you can renegotiate based on the facts.

If so then you should have double checked everything before you signed.

NameUnavailable

If the smaller part of the garden is a deal breaker you will have to walk away. You can try to go after the vendor for compensation but you'd have to take legal action against them and, IF you win, you then need to enforce the judgment. Easier just to drop it I think.

Otherwise, you could look for a reduction in price to reflect the smaller piece of garden.

hazyjo

Could they have bought an extra section of the garden? Mine was like that, a very small bit at the end was tagged on. It didn't show up on the plan my solicitor showed me. He realised soon after that there was an additional plan.