Compensation from estate agent for mismeasuring 25 October 2022 at 11:56PM in House buying, renting & selling 52 replies 6K views

eddddy

km1500 said:

estate agent's particulars are specifically excluded from the house sale / purchase contract.

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.

housebuyer143 said:

You can normally see at the bottom of every as ad in the small print saying all measurements are estimated and should not be taken as correct and should be verified by independent person.

If you see this then there is no leg to stand on.

Not really. 

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.

user1977

eddddy said:

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.

Indeed - there is potentially a case of some sort here (and I guess the other EA was just making a vague reference to those regulations), but it depends on the facts. And in any event, I think the OP is going to be disappointed if they're expecting to get all the costs of their purchase/sale reimbursed just because e.g. their sofa didn't fit.

BikingBud

Whether there is currently any liability or not it is not satisfactory that such leeway is given.

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.

tigertrio

Just put a claim in with the Property Ombudsman, costs nothing, see what they say.

Waunakee

tigertrio said:

Just put a claim in with the Property Ombudsman, costs nothing, see what they say.

Not that straightforward.

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.

lincroft1710

BikingBud said:

Whether there is currently any liability or not it is not satisfactory that such leeway is given.

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.

The laser measurer is only accurate if it used properly. It is very easy for the beam to hit something other than the wall the user wants it to, if they are not paying proper attention. 

JuzaMum

Almost every property I have seen listed and have knowledge of (through viewing or it being a neighbours) has 'generous' measurements. As already mentioned they measure into window bays and next to chimney breasts - anywhere they can maximise the numbers. Never trust an estate agent. I'm sorry your home is not what you thought it would be but I'm sure with imagination you can make it work.

fourmarks

BikingBud said:

Whether there is currently any liability or not it is not satisfactory that such leeway is given.

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.

I agree. You'd have thought 1st lesson at Estate Agent school would be how to use a ruler.

peterhjohnson

lincroft1710 said:

The laser measurer is only accurate if it used properly. It is very easy for the beam to hit something other than the wall the user wants it to, if they are not paying proper attention. 

Good point! Totally unreasonable to expect an EA to use his professional tools correctly

theartfullodger

What EXACTLY did the advert say about measurements, please>???

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...