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Estate agency provided false information

13

Comments

  • All estate agents lie. Never take their word for anything.
  • I beg to differ.

    There is something wrong with estate agency if they are allowed to misrepresent on that scale. Ripping out bathrooms to put in UFH after the event will probably cost more than the OP believes.

    It may well be that the vendor "miscommunicated" the information to the EA but it is quite possibly gross negligence on behalf of the latter to not check given the amounts involved.

    Ultimately, a solicitor experienced in conveyancing is the only person whose opinion should carry any weight. I recommend the OP seeks such advice and doesn't waste time and emotion on a forum such as this.
    Nope! The EA will have checked with the vendor regarding the detail in the advert, my EA asked for confirmation of every change and said that it was my responsibility for its accuracy.

    Its likely a miscommunication somewhere, is there a legal claim against the EA. No. Will the solicitor take action. No. Can the OP ask for a reduction, yes. Are they guaranteed a reduction. No Does the OP need to rip up the bathroom to install UFH. No. 
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 20 September 2021 at 8:04PM
    Are the bathrooms in question all upstairs?
    If so surely one could argue that there is 'underfloor heating' :)
  • I beg to differ.

    There is something wrong with estate agency if they are allowed to misrepresent on that scale. Ripping out bathrooms to put in UFH after the event will probably cost more than the OP believes.

    It may well be that the vendor "miscommunicated" the information to the EA but it is quite possibly gross negligence on behalf of the latter to not check given the amounts involved.

    Ultimately, a solicitor experienced in conveyancing is the only person whose opinion should carry any weight. I recommend the OP seeks such advice and doesn't waste time and emotion on a forum such as this.
    This is really not helpful advice. EAs cannot be expected to examine heating systems, particularly hidden systems under the floor! Whilst I accept that EAs do put a 'sales spin' in their adverts (they are, after all, salesmen) I donot in a million years believe they would deliberately misrepresent in the way described. Either the seller misled them (it's surprising how many owners/sellers don't actually fully understand their own homes!), or there was mis-communication.
    Either way, it is for the buyer to use the relatively lengthy conveyancing process to verify that the property is indeed as they initially believed, and if not, to renegotiate the price or find another property.
    In this case, you have done your due diligence and established the facts regarding the heating. Now you must decide if you still want the property or not, or whether to reduce your offer. If you choose to reduce, the seller is likely to re-market. Or if the seller agrees to reduce the price, and you are getting a mortgage, the change in price will likely result in you missing the SDLT deadline.....

  • 980233
    980233 Posts: 197 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    I beg to differ.

    There is something wrong with estate agency if they are allowed to misrepresent on that scale. Ripping out bathrooms to put in UFH after the event will probably cost more than the OP believes.

    It may well be that the vendor "miscommunicated" the information to the EA but it is quite possibly gross negligence on behalf of the latter to not check given the amounts involved.

    Ultimately, a solicitor experienced in conveyancing is the only person whose opinion should carry any weight. I recommend the OP seeks such advice and doesn't waste time and emotion on a forum such as this.
    This is really not helpful advice. EAs cannot be expected to examine heating systems, particularly hidden systems under the floor! Whilst I accept that EAs do put a 'sales spin' in their adverts (they are, after all, salesmen) I donot in a million years believe they would deliberately misrepresent in the way described. Either the seller misled them (it's surprising how many owners/sellers don't actually fully understand their own homes!), or there was mis-communication.
    Either way, it is for the buyer to use the relatively lengthy conveyancing process to verify that the property is indeed as they initially believed, and if not, to renegotiate the price or find another property.
    In this case, you have done your due diligence and established the facts regarding the heating. Now you must decide if you still want the property or not, or whether to reduce your offer. If you choose to reduce, the seller is likely to re-market. Or if the seller agrees to reduce the price, and you are getting a mortgage, the change in price will likely result in you missing the SDLT deadline.....

    That's gone for a burton as there are 9 working days and no survey has been seen. OP is wasting time trying to work the best way to flip the EA for some non existent losses.
  • The ad for the house I’m buying says semi detached. It’s clearly a mid terrace and just a mistake. I haven’t even mentioned it! 
    28th April - MIP submitted and issued
    23rd June - Offer Finally Accepted On A House!
    23rd June - Full application submitted through broker
    19th July - Mortgage offer received
    23rd July - Draft contract received
    26th July - Searches requested
    2nd August - Survey completed



  • andy444
    andy444 Posts: 191 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 20 September 2021 at 9:02PM
    If you haven't even seen the survey yet (I'm assuming one has actually been instructed and is due to immiently happen) then the lack of underfloor heating may be a relatively minor concern if there are significant issues identified with the house.
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