False advertising by Purple Bricks- how do I get my money back?

TripleH

It might be that the Estate Agents asked their client and the answer they gave you was the answer their client gave them so the agent didn't lie or mislead but their client did so there is no avenue to pursue.

The issue is that a more traditional local estate agent may well have pushed the client for clarification but a nationwide online firm like purplebricks might not pursue that.

I suspect the hope is for someone to buy without querying the details, that or they've priced it up to knock the price down if the matter is pursued.

eddddy

TripleH said:

It might be that the Estate Agents asked their client and the answer they gave you was the answer their client gave them so the agent didn't lie or mislead but their client did so there is no avenue to pursue.

As I explained above, the estate agent has a duty to take reasonable steps to make sure what the seller says is true.

In this case, what the seller says sounds very implausible, so the estate agent should have made further enquiries.


(The Property Ombudsman expects estate agents to be property professionals, who know more about property than some home sellers and buyers might.)

TripleH said:

The issue is that a more traditional local estate agent may well have pushed the client for clarification but a nationwide online firm like purplebricks might not pursue that.

To be fair, the law (and the property ombudsman's code of practice) applies equally to all estate agents.

Purplebricks can't really argue that consumer protection legislation doesn't apply to them, because they're a nationwide, online firm.


Also, looking at Purplebricks T&Cs, it seems that Purplebricks write the property descriptions, so they are responsible for the content.

If it was the type of online agent, where the seller writes and uploads the description (without being checked by the agent) - I guess it might be a grey area. The agent might say they are publishing other people's content, rather than creating their own.

TheJP

Unless you have specific proof that this is what the EA told you either clearly advertised in the advert (make sure to look for disclaimers) or in writing from the seller/EA then you wont be getting anything back. 

In my opinion i doubt you'll see a penny back, that's the pitfalls of house buying I'm afraid.

Fabia123

TheJP said:

Unless you have specific proof that this is what the EA told you either clearly advertised in the advert (make sure to look for disclaimers) or in writing from the seller/EA then you wont be getting anything back. 

In my opinion i doubt you'll see a penny back, that's the pitfalls of house buying I'm afraid.

Thanks for this helpful comment. It is stated in the property description in the property advert.

Fabia123

eddddy said:

TripleH said:

It might be that the Estate Agents asked their client and the answer they gave you was the answer their client gave them so the agent didn't lie or mislead but their client did so there is no avenue to pursue.

As I explained above, the estate agent has a duty to take reasonable steps to make sure what the seller says is true.

In this case, what the seller says sounds very implausible, so the estate agent should have made further enquiries.


(The Property Ombudsman expects estate agents to be property professionals, who know more about property than some home sellers and buyers might.)

TripleH said:

The issue is that a more traditional local estate agent may well have pushed the client for clarification but a nationwide online firm like purplebricks might not pursue that.

To be fair, the law (and the property ombudsman's code of practice) applies equally to all estate agents.

Purplebricks can't really argue that consumer protection legislation doesn't apply to them, because they're a nationwide, online firm.


Also, looking at Purplebricks T&Cs, it seems that Purplebricks write the property descriptions, so they are responsible for the content.

If it was the type of online agent, where the seller writes and uploads the description (without being checked by the agent) - I guess it might be a grey area. The agent might say they are publishing other people's content, rather than creating their own.

Thanks so much! We are going to give it a go anyway, This has all been very helpful. 

spoovy

The language used surely doesn't even make sense. You can regenerate an area, from a town planning point of view, but you can't regenerate a house.

eddddy

spoovy said:

The language used surely doesn't even make sense. You can regenerate an area, from a town planning point of view, but you can't regenerate a house.

Yep - even more evidence that the person writing the description was not competent to do so. As you say, not the kind of language you'd expect a property professional to use.

(But just to confirm - I've checked the property listing, and that's what it says.)

TheJP said:

Unless you have specific proof that this is what the EA told you either clearly advertised in the advert (make sure to look for disclaimers) or in writing from the seller/EA then you wont be getting anything back. 

In my opinion i doubt you'll see a penny back, that's the pitfalls of house buying I'm afraid.

It's clearly in the property listing - but I'll leave the OP to post the link, if they want to.

There's a generic disclaimer on the listing, but the EA can't use that to override a consumer's rights.

(Just like if a shop has a disclaimer saying  "No refunds for faulty goods" - they would still be breaking the law, if they refused to give a refund for faulty goods.)

TBG01

People put too much stock into what the estate agent says.

"But the estate agent said"...but nothing. They know little to nothing about the property they're marketing and will say anything to facilitate a sale. 

It's why you instruct a solicitor to get to the bottom of things. Yes it costs money, but they're acting in your best interest. The estate agent isn't.