Problems wih EA

Spaceman59

Hi everyone - my first post. I'm looking for a bit advice. I recently bought a house which was advertised as having double glazed bay windows. However after I moved in I realised that the above windows were not double glazed. I approached the EA with this and they informed me that it's not their problem as I should have checked all this before the change of contracts and that they are protected by a disclaimer.
Is this right or am I wrong in assuming that I should get what I paid for, ie a house with double glazed bay windows. Any advise please about where I go to from here. The EA is a member of the NAEA. Thanks.

iyiarz

I'm guessing that they are covered by their disclaimer. Ultimately, the description of the property is signed off by the seller, so your grievance should be with them. I have to say that you really should have noticed in the first place!

Spaceman59

I feel really silly for not noticing it but surely the EAs can't hide behind a disclaimer as this would give them a license to commit all sorts of false advertising.

LandyAndy

You should speak to your solicitor to see if there is any redress.

Richard Webster our 'resident' conveyancing solicitor may be able to give you some advice. http://forums.moneysavingexpert.com/member.html?u=118725

You really should have spotted this. Did the survey not mention it?

Catblue

Is the situation that the rest of the windows in the house have double glazing, but that the bay windows do not?

iyiarz

Here is a typical disclaimer:

The property descriptions within these web pages are believed to be correct but their accuracy cannot be guaranteed and they do not constitute an offer or form part of any contract. <estate agent> and its employees have no authority to make any representation or give any warranties in relation to any property. Whilst we take every care in the preparation of property descriptions, buyers are advised to rely on their own enquiries and investigations prior to making a commitment to purchase. The appearance of an item in any photograph does not imply that it forms part of the sale price. Floor plans are intended for illustrative purposes only and their accuracy cannot be guaranteed.

Spaceman59

I was a bit reluctant to speak to my solicitor because he appears to get a lot of referrals from this particular EA but I think I will have to seek legal advice. I wouldn't like to see them get away with this. If a retailer is not allowed false advertising why should they be.

silvercar

You have to take some responsiblity for this. Presumably you looked over the house at least once.

You could also read your survey report again and see if it mentioned the windows being single glazed.

Was there a HIP? I thought HIPs were meant to comment on the energy efficiency of a house and how it could be improved. Double glazing should have been a recomendation.

Spaceman59

In response to catblue the ground floor (inc the Bay windows) was, according to the ad, double glazed and upstairs was not.

Spaceman59

The HIPS and the survey only mention that the house is part double glazed, which i knew but don't refer to specific windows.

pinkshoes

I'm always dubious about disclaimers! To me, a "mistake" would be saying the house was built in 1984 when it was built in 1982, or that it had a 20' garden when it actually had a 19' garden.

With double glazed bay windows, either it does have them or it doesn't, so this is a pretty big mistake to make! Saying that, it should say in your survey and the HIP report, so you need to check those, and if it was something you were really bothered about, it would have been something you looked at whilst viewing the house.