Advert said garage and driveway... Searches say different

eddddy

Lyd00 said:

From what I've heard I'm very unlikely to be successful in a claim for any costs incurred am I right? 

Where did you hear that?

Read this post again:    https://forums.moneysavingexpert.com/discussion/comment/79134098/#Comment_79134098

Lyd00

Bendy_House said:

Bendy_House said:

The mention in the deeds of this RoW doesn't make it clear whether it's pedestrian or also vehicular. Could your solicitor confirm whether this lack of clarification restricts it to pedestrian only?

- I spoke to her this morning and she's going to find out. I sent her a photo and she agrees that it looks like a footpath rather than vehicular access. 

Even IF it includes 'vehicular', then that would - as far as the deeds are concerned - prohibit you from parking down alongside your house, as this would clearly restrict access to any other folk who may also have this RoW mentioned on their deeds (a further £3 for each copy of neighbouring deeds might clarify this).

- I agree. I did say to my solicitor that I'd be happy to pay to see the deeds for number 11 (one of the bungalows, but she told me not to?) not sure why and maybe I will anyway.

So, I think the most important detail is to find out whether vehicles can also access that RoW? If it does, great. If it doesn't, then you will likely be living with a situation where any complainant could scupper even your access to your garage...

- this is my biggest worry. Hopefully the enquiries my solicitor makes will be done quickly. But then again if the seller won't drop the price to reflect that it doesn't have a driveway I need to decide if I even still want it.  

Lyd00

eddddy said:

Lyd00 said:

From what I've heard I'm very unlikely to be successful in a claim for any costs incurred am I right? 

Where did you hear that?

Read this post again:    https://forums.moneysavingexpert.com/discussion/comment/79134098/#Comment_79134098

From people on this forum and others, someone earlier on this thread, and from gut feeling that I'll just be told it's not their fault. They've already said that the vendor signed the brochure to say it was correct. Although maybe I can try and argue the same as one of those claimants, that the EA should have known it not to be one as its clear that it isn't. 

Lyd00

ciderboy2009 said:

Lyd00 said:

I don't really have the extra money to be knocking down garages on top of all the other cosmetic work the house needs (it needs full modernisation including a new kitchen because the existing one is unusable).

If it really "needs" a new kitchen then you're likely to have problems getting a mortgage for it (assuming that you need one)..

It does. The RICS survey also said it needs replacing. It's shocking and I can't believe anyone was cooking in it. My mortgage lender knows about it and have no problems. 

What they don't know yet is that it now doesn't have a driveway! My broker has said they will likely refer this back to their valuer for opinion when we tell them 

Ath_Wat

Lyd00 said:

eddddy said:

Lyd00 said:

From what I've heard I'm very unlikely to be successful in a claim for any costs incurred am I right? 

Where did you hear that?

Read this post again:    https://forums.moneysavingexpert.com/discussion/comment/79134098/#Comment_79134098

From people on this forum and others, someone earlier on this thread, and from gut feeling that I'll just be told it's not their fault. They've already said that the vendor signed the brochure to say it was correct. Although maybe I can try and argue the same as one of those claimants, that the EA should have known it not to be one as its clear that it isn't. 

It's not clear at all that it isn't without looking at the deeds.  Whether it's a "drive" or not is immaterial, the problem is that it doesn't belong to the house.  If the vendor told the EA they own it, the EA will not check that - that is your solicitor's job.

The first case above involves the fact that it should be common knowledge for any estate agent that you need a dropped kerb to park off-road; your house has one, it's just not yours to park on.

The second case actually contains the following paragraph :
" In this case, the Agent failed to demonstrate that they had taken any steps to support making such a statement which, at the minimum, would constitute obtaining the Seller’s approval of the sales particulars. The Seller was aware of the covenant in this case and had enquiries been made, it would have become apparent that such a statement would not have been correct."

You have already stated that the vendor  in your case claimed ownership of the land to the EA.

The fact that it "looks like a pathway" is irrelevant, if it was your pathway, you could park all you like on it.

eddddy

Lyd00 said:

From people on this forum and others, someone earlier on this thread, and from gut feeling that I'll just be told it's not their fault. They've already said that the vendor signed the brochure to say it was correct. Although maybe I can try and argue the same as one of those claimants, that the EA should have known it not to be one as its clear that it isn't. 

OK - but I've given you 2 links to two real cases where real buyers really did get real compensation from estate agents, in cases which have similarities to yours.


I wonder if the issue is more that the estate agent was rude to you about this and made you feel stupid - so you want to just walk away quietly? If that's the case that's fine.

But just to be clear, that's just a sales technique - the EA was probably taught that on his sales training - probably something like this:


"When the client asks you a difficult question and you are backed into a corner and you have no answer -  make the client feel stupid for asking that question. If necessary, keep telling them they are stupid, until they give up and go away."


And if you do decide to persue a complaint against the EA, I suspect they will continue to tell you that you're stupid - in the hope that you'll give up and go away. So you'll need to be hard-nosed and thick skinned, if you want to win.


If the EA is a member of the Property Ombudsman Scheme, you could try giving the Ombudsman team a call. Another poster said they were really helpful - and will probably not be aggressive like the EA.  Their phone number is at the bottom of this page:
https://www.tpos.co.uk/consumers/how-to-make-a-complaint

Lyd00

Ath_Wat said:

Lyd00 said:

eddddy said:

Lyd00 said:

From what I've heard I'm very unlikely to be successful in a claim for any costs incurred am I right? 

Where did you hear that?

Read this post again:    https://forums.moneysavingexpert.com/discussion/comment/79134098/#Comment_79134098

From people on this forum and others, someone earlier on this thread, and from gut feeling that I'll just be told it's not their fault. They've already said that the vendor signed the brochure to say it was correct. Although maybe I can try and argue the same as one of those claimants, that the EA should have known it not to be one as its clear that it isn't. 

It's not clear at all that it isn't without looking at the deeds.  Whether it's a "drive" or not is immaterial, the problem is that it doesn't belong to the house.  If the vendor told the EA they own it, the EA will not check that - that is your solicitor's job.

The first case above involves the fact that it should be common knowledge for any estate agent that you need a dropped kerb to park off-road; your house has one, it's just not yours to park on.

The second case actually contains the following paragraph :
" In this case, the Agent failed to demonstrate that they had taken any steps to support making such a statement which, at the minimum, would constitute obtaining the Seller’s approval of the sales particulars. The Seller was aware of the covenant in this case and had enquiries been made, it would have become apparent that such a statement would not have been correct."

You have already stated that the vendor  in your case claimed ownership of the land to the EA.

The fact that it "looks like a pathway" is irrelevant, if it was your pathway, you could park all you like on it.

This is what I mean. The EA has seen a dropped curb, and taken the vendors word for it. 

I don't have a leg to stand on and am a lot of money out of pocket  

Lyd00

eddddy said:

Lyd00 said:

From people on this forum and others, someone earlier on this thread, and from gut feeling that I'll just be told it's not their fault. They've already said that the vendor signed the brochure to say it was correct. Although maybe I can try and argue the same as one of those claimants, that the EA should have known it not to be one as its clear that it isn't. 

OK - but I've given you 2 links to two real cases where real buyers really did get real compensation from estate agents, in cases which have similarities to yours.


I wonder if the issue is more that the estate agent was rude to you about this and made you feel stupid - so you want to just walk away quietly? If that's the case that's fine.

But just to be clear, that's just a sales technique - the EA was probably taught that on his sales training - probably something like this:


"When the client asks you a difficult question and you are backed into a corner and you have no answer -  make the client feel stupid for asking that question. If necessary, keep telling them they are stupid, until they give up and go away."


And if you do decide to persue a complaint against the EA, I suspect they will continue to tell you that you're stupid - in the hope that you'll give up and go away. So you'll need to be hard-nosed and thick skinned, if you want to win.


If the EA is a member of the Property Ombudsman Scheme, you could try giving the Ombudsman team a call. Another poster said they were really helpful - and will probably not be aggressive like the EA.  Their phone number is at the bottom of this page:
https://www.tpos.co.uk/consumers/how-to-make-a-complaint

Thanks. I do see where you're coming from. 

prowla

So, to clarify: the property is less than what was described and the question is whether it's therefore worth less?

Lyd00

prowla said:

So, to clarify: the property is less than what was described and the question is whether it's therefore worth less?

Yeah, I went back and offered less which was rejected. So now I've to decide whether to go ahead or walk away and lose about £1,300