Problems wih EA

chickmug

Spaceman59 wrote: »

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.

Can I ask what action you expect from the EA. Give you compensation I presume and how much? EA's can't always hide behind disclaimers but will initially fob you off by quoting their disclaimer. You could try TS or complaint to the NAEA but without understanding what you are expecting, unless it is just to give the EA a hard time, I am not sure what to advise you next.

Spaceman59

I think the general feeling of the post is that I am mainly at fault here for not making sure of all the details. This I can partly accept. But what about the EA, surely he has some fault here. I have never known of anyone in any job who is not accountable for his mistakes. I can't think of any person who can cover all his mistakes with a disclaimer. If that's the case we as consumers will have absolutely no redress from any dodgy or irresponsible dealers. Am I wrong?

chickmug

Spaceman59 wrote: »

I think the general feeling of the post is that I am mainly at fault here for not making sure of all the details. This I can partly accept. But what about the EA, surely he has some fault here. I have never known of anyone in any job who is not accountable for his mistakes. I can't think of any person who can cover all his mistakes with a disclaimer. If that's the case we as consumers will have absolutely no redress from any dodgy or irresponsible dealers. Am I wrong?

Different people on this forum will give advice from each of their perspectives. I'm not really into debating the politics but happy to give some insider pointers being an EA. But one who doesn't like a lot of EA's that get all EA's a bad name. We are NOT all the same!!!

Spaceman59

Well Chickmug, in short, I bought a house with double glazed bay windows and that is what I expect from the EA. Unreasonable?

chickmug

Spaceman59 wrote: »

Well Chickmug, in short, I bought a house with double glazed bay windows and that is what I expect from the EA. Unreasonable?

So are you saying your bottom line is the EA should offer to DG the windows?

Spaceman59

chickmug wrote: »

So are you saying your bottom line is the EA should offer to DG the windows?

Yes that would be my ideal solution but failing that what do you think I should go for.

TTMCMschine

This might sound really silly, but in our last house my husband had a right time convincing me our windows were double glazed, because they were wooden, and looked just like traditional sash windows. If they are relatively new looking for a period property, they could be second glazed, but not like a sealed upvc window. It is really difficult to tell. Is this a possibility?

Spaceman59

TTMCMschine wrote: »

This might sound really silly, but in our last house my husband had a right time convincing me our windows were double glazed, because they were wooden, and looked just like traditional sash windows. If they are relatively new looking for a period property, they could be second glazed, but not like a sealed upvc window. It is really difficult to tell. Is this a possibility?

No I wish it was the case but I'm absolutely sure there's a single pane of glass in those windows.

Doozergirl

A disclaimer means nothing. The Property Misdescriptions Act clearly states that. I can't be bothered to go looking for the paragraph but it's been posted on the board before.

I know of people that claimed money from an EA for getting the number of plug sockets wrong in their details.

Write the head of the EA, whether it be one branch or a chain, a letter to the EA informing them that they have misdescribed part of the property which you did rely on; that you are sure they are aware of their obligation not to misdescribe items and that you are seeking the difference between the value of the property with double glazing in that particular window and the house that you bought..expecting a response within 14 days otherwise you will be reporting the issue to the NAEA and to Trading Standards....

Note that the difference in value to the property is not going to be the full price of a newly double glazed bay. You do have windows, just not double glazed ones.

Spaceman59

Doozergirl wrote: »

A disclaimer means nothing. The Property Misdescriptions Act clearly states that. I can't be bothered to go looking for the paragraph but it's been posted on the board before.

I know of people that claimed money from an EA for getting the number of plug sockets wrong in their details.

Write the head of the EA, whether it be one branch or a chain, a letter to the EA informing them that they have misdescribed part of the property which you did rely on; that you are sure they are aware of their obligation not to misdescribe items and that you are seeking the difference between the value of the property with double glazing in that particular window and the house that you bought..expecting a response within 14 days otherwise you will be reporting the issue to the NAEA and to Trading Standards....

Note that the difference in value to the property is not going to be the full price of a newly double glazed bay. You do have windows, just not double glazed ones.

Thanks, I was beginning to lose faith, but I will certainly be taking your advice and will post results.