Detached or end of terrace?

robatwork

Calidad said:

Hi, 

This property is advertised as detached, but would it be more accurate to describe it as end of terrace and should be priced accordingly? 

https://www.rightmove.co.uk/properties/142559480

EA is plainly wrong - and deliberately. Just remember the qualifications you need to become an EA. I list them below the definition.

detached adjective (BUILDING)

not connected to another part or structure:

Mutton_Geoff

Calidad said:

Hi, 

This property is advertised as detached, but would it be more accurate to describe it as end of terrace and should be priced accordingly? 

https://www.rightmove.co.uk/properties/142559480

The agent is probably hoping you'll view it in the dark. From the details in the link the agent states "Prospective purchasers are advised to verify the information through inspection or other means to their satisfaction." They used to call it caveat emptor when Pontius was a pilot. At least they are revealing their integrity & attention to detail before you even pick up the phone.

eddddy

Mutton_Geoff said:

The agent is probably hoping you'll view it in the dark. From the details in the link the agent states "Prospective purchasers are advised to verify the information through inspection or other means to their satisfaction." They used to call it caveat emptor when Pontius was a pilot. At least they are revealing their integrity & attention to detail before you even pick up the phone.

Just as general comments

• Caveat emptor no long applies to claims made by estate agents - there are now consumer protection laws

• estate agents can't get around consumer consumer protection laws with blanket disclaimers like "Prospective purchasers are advised to verify the information through inspection or other means to their satisfaction."

• (Just like shops can't get get around consumer protection laws with blanket disclaimers like "No refunds for faulty goods")

eddddy

GDB2222 said:

What are the repercussions for the EA if they have mistakenly described the property as detached? It’s unlikely that any buyer would be misled by that, as it is obvious what they are buying.

In general, it's the same legislation that deals with any misleading information/advertising that's made by a trader.

You can complain to Trading Standards or the ASA (Advertising Standards Authority). If Trading Standards get enough complaints about a specific estate agent they might investigate and potentially prosecute.


Specifically for estate agents, there's also the Property Ombudsman (and the PRS).

• If you complain to the Property Ombudsman (but have no financial loss) they might instruct the estate agent to correct their listing and apologise to you. (And eventually the estate agent will have to cover the Ombudsman's costs.) So hopefully, the estate agent will 'mend their ways'.

• If you've suffered a financial loss as a result of misleading information - the Ombudsman might order the estate agent to cover your losses. e.g. you travelled 300 miles to view a house because the estate agent said it was detached, and you wouldn't have bothered if the estate agent had said it was semi-detached 

As the RICS says:

Agents can no longer rely upon compliance with the Property Misdescriptions Act 1991 or caveat emptor to provide them with protection from prosecution. The Office of Fair Trading guidance introduces concepts such as ‘average consumer’, ‘the transactional decision’ and ‘material information’.

If members are found not to have complied with the CPRs or BPRs they may face civil and/or criminal action.

A number of consumer enforcement bodies, such as local authority Trading Standards Officers (TSOs), have a duty to enforce these regulations, and are taking an increased interest in the sector. In a recent case a national firm of estate agents was fined and awarded cost against amounting to nearly £10,000.

LInk: https://www.rics.org/regulation/regulatory-compliance/requirements-support/consumer-and-business-protection-regulations#

Mutton_Geoff

https://www.asa.org.uk/make-a-complaint/guide-to-making-a-complaint.html

Takes a couple of minutes to fill in an online complaint ;-)

grumbler

I think, ASA is one of many toothless bodies around. IIRC it was them who allowed mobile providers to advertise 'unlimited' tariffs with restrictions ('fair use policy') buried in small print.

robatwork

eddddy said:

Mutton_Geoff said:

The agent is probably hoping you'll view it in the dark. From the details in the link the agent states "Prospective purchasers are advised to verify the information through inspection or other means to their satisfaction." They used to call it caveat emptor when Pontius was a pilot. At least they are revealing their integrity & attention to detail before you even pick up the phone.

Just as general comments

• Caveat emptor no long applies to claims made by estate agents - there are now consumer protection laws

• estate agents can't get around consumer consumer protection laws with blanket disclaimers like "Prospective purchasers are advised to verify the information through inspection or other means to their satisfaction."

• (Just like shops can't get get around consumer protection laws with blanket disclaimers like "No refunds for faulty goods")

Realistically, if I were to buy this house, then try to sue the EA or complain to the RICS and get some money for misdescription as detached, how quickly would my case be dismissed due to laughter on the benches? Under a minute?

user1977

robatwork said:

eddddy said:

Mutton_Geoff said:

The agent is probably hoping you'll view it in the dark. From the details in the link the agent states "Prospective purchasers are advised to verify the information through inspection or other means to their satisfaction." They used to call it caveat emptor when Pontius was a pilot. At least they are revealing their integrity & attention to detail before you even pick up the phone.

Just as general comments

• Caveat emptor no long applies to claims made by estate agents - there are now consumer protection laws

• estate agents can't get around consumer consumer protection laws with blanket disclaimers like "Prospective purchasers are advised to verify the information through inspection or other means to their satisfaction."

• (Just like shops can't get get around consumer protection laws with blanket disclaimers like "No refunds for faulty goods")

Realistically, if I were to buy this house, then try to sue the EA or complain to the RICS and get some money for misdescription as detached, how quickly would my case be dismissed due to laughter on the benches? Under a minute?

Indeed, the photos and the floorplan make it abundantly clear what the layout is. I'm not sure how a prospective buyer could suffer any loss.

Mutton_Geoff

https://www.zoopla.co.uk/for-sale/details/66059201/

They're all at it!

macman

Mutton_Geoff said:

https://www.zoopla.co.uk/for-sale/details/66059201/

They're all at it!

I assumed it was simply a typo, but it says it was listed on 14/11/23, so you would have thought they would have corrected it by now...