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Compensation from estate agent for mismeasuring
in House buying, renting & selling
52 replies 6K views
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That's not relevant to the OP's question.
The OP wouldn't be claiming breach of contract or misrepresentation from the seller.
The OP would be claiming that the Estate Agent broke the Consumer Protection from Unfair Trading Regulations 2008.
The Estate Agent redress schemes (the Property Ombudsman, the Property Redress Scheme) sometimes order Estate Agents to pay compensation to buyers if they break the regulations, and the buyer suffers a loss as a result.
An EA can't override consumer protection legislation by putting a standard disclaimer on the end of all their ads. (Just like a shop can't override consumer protection legislation by putting "No refunds for faulty goods" at the end of all their ads.)
Perhaps if they had put a specific note prominently - maybe at the top of the ad - maybe saying "Due to Covid restrictions we have been unable to visit the property, so room measurements are approximate" - that might be different.
But the the Property Ombudsman or the Property Redress Scheme would probably look at the facts of the case. For example, should an average purchaser have noticed that the room was the wrong size during viewing and/or should an average purchaser have measured the room (if furniture size was critical), etc, etc.
Measuring is not rocket science, the pyramids were built with simple devices and with the ready availability of laser measuring and scanning even the dullest of the dull EAs should be able to present accurate data.
Int Rate: 1.19% fixed until Nov 2026 (7.25% follow on rate?) Cap+Int Repaid: £65100 (32%) £80,704 (40%) £82468 (40.48%)£89507 (43%)
Target MF date: Nov 2026 Current MF date: Dec 2029, Nov 2029, Apr 2029
Target Int Saving: £21,709 Current Int Saved: £12,350, £13,421, £16,991, £17,989
The Ombudsman may offer advice at this stage but they will not become involved in adjudication until the complaints procedure has been exhausted with the EA or 8 weeks have elapsed since submitting a complaint.
I'm flogging a house at the moment, just looked up what agent states...
""" The measurements and conversions are approximations only and are not be founded upon """"
(Possibly Scottish usage, it's in Scotland)
I'd be amazed if you weren't similarly advised.
I look forward to your reply...