ESTATE AGENTS MISREPRESENTATION

Suebedoo2

We are in the process of moving from Scotland to England and couldn't hold up the sale any further than 1 July 2025 because of the Scottish laws.  We have been up front from the outset that we needed the purchase to move as fast as possible and were under the impression that the house we are purchasing was empty.  Although it was advertised as empty when we were taken round the property, the fridge was switched off and the door was open and the water was turned off.  In the discussion the estate agent mentioned that the house was unoccupied and we were clear that this was one of the reasons we put an offer for this house.  We moved into holiday accommodation for a ten days expecting that the house purchase would complete within that time.  After putting in a complaint about the slowness of the seller's solicitor, we discovered at that point that the house was in fact occupied and that unbeknown to us we were in a chain.  We are now almost four weeks in from our move from Scotland and are completely out of pocket and no-one seems to care.  Would we be able to complain and claim so recompense from the estate agent?

user1977

Did the agent know it had been (re)occupied?

Suebedoo2

Yes.  The agent was aware and also knew that there was a chain

Herzlos

I'm not sure I follow this. Is it occupied for the current owner, and the sale is held up because of a chain that the agent didn't know about? Or has it been sold to you but it's got a tenant that you didn't know about meaning you now own a property but can't use it?

I would have assumed that would have come up in the conveyancing and negotiation of dates. 

Suebedoo2

It is occupied by the current owner - they work away most of the time but still use the property and they are buying another property.  We are at the moment essentially without a home and are having to wait for the chain to complete but only the estate agent and the seller's solicitor were aware of this until about a week ago

Herzlos

Did the seller agree to the dates and rescind it then, or have you been mislead into thinking that everything was essentially wrapped up?

DE_612183

in england you are governed by the "exchange of contracts" - which have an agreed date of "completion" - that's the date you move.

If you have not exchanged contracts you have no claim against the owner / vendor - however you could try and argue a case for compensation from the estate agents - but it would depend if they had put anything in writing - my guess is that there is nothing - added to that is the fact that you have no contract anyway with the estate agents so they can't be in breach.

Suebedoo2

I think you may be incorrect because I am sure there is a Misrepresentation law in place but thanks, I will bear what you say in mind

Suebedoo2

Herzlos - we have been misled from the outset about the chain and the seller being in a property that we were led to believe was vacant

DE_612183

Misrepresentation is about entering into a contract - have you signed and exchanged contracts?

Suebedoo2

No because of the chain that we were unaware of