Problems wih EA

MissMotivation

Doozergirl is correct, a disclaimer means nothing

"The Property Misdescriptions Act 1991 makes it an offence for an estate agent or property developer to make false or misleading statements in the course of their business, about any of 33 property related matters listed in the Property Misdescriptions (Specified Matters) Order 1992."

The act is enforced by Trading Standards but I would approach the company first and bring it to their attention, if you don't get what you want and you have gone through the companys complaint proceedure then TS is the next step.

danilou21

Did it not say about the windows in the survey? I just checked my survey that was done a couple of weeks ago and it clearly states 'Windows, external doors & joinery: Plastic double glazed windows and doors. Softwood double glazed roof lights. etc.'

All EA's cover themselves with a disclaimer usually like this:

AGENTS NOTE With approximate measurements these particulars have been prepared in good faith by the selling agent in conjunction with the vendor(s) with the intention of providing a fair and accurate guide to the property. However, they do not constitute or form part of an offer or contract nor
may they be regarded as representations, all interested parties must themselves verify their accuracy. No tests or checks have been carried out in respect of heating, plumbing, electric installations or any type of appliances which may be included.

Which basically covers any things such as the double glazing issue. Did you not view the house before you put the offer in? I checked all sorts of details when I viewed houses.

Spaceman59

Thanks Missmotivation and Danilou. I did try to check every aspect of the property but somehow missed these particular windows. I'm a 1st time buyer (no excuse) but have learned a leason for the future.

chickmug

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.

Very well put and I agree with you.

However to put a balanced view over the OP needs to be aware he will need to be very persistant as EA's can routinely get claims for this type of compensation. So does the OP want the financial settlement or to give the EA a hard time? He has said he wants the window to be what he was expecting so he will need to get on the case.

However I do know others who have felt they have a good case, on a whole range of differing issues but on balance felt they had better things to do with their life than spend the time and stress needed to resolve.

The EA would probably be most concerned if the TS got on the case, next inorder I owuld suggest if the NAEA got on their backs and lastly letters from a solicitor. The latter don't have the same impact with an EA. TS state that the disclaimer must be equally as compelling to read as the rest of the selling details (text). Not to be several font sizes smaller. But my experience of TS is that you also need a good case to be able persaude them to take it up as they are over worked.

silvercar

I don't know how you calculate the difference in value of a part double glazed house when the difference is the one double glazed bay window.

confused31_2

I think there is some good advice on this thread, and i personally think you should be compensated, as i think the estate agent did not do their job properly.

Its like when someone sells something, it as to be as its described, so why not the same for estate agents who sell houses.?

I think the people on here who are saying its your own fault are obviously dodgy estate agents, who think its fair game to miss sell something just to make their commision.

And then back it up with some small print, which i thinks bang out of order.

confused

Night-owl_6

http://www.opsi.gov.uk/acts/acts1991/ukpga_19910029_en_1.htm

chickmug

Night-owl wrote: »

http://www.opsi.gov.uk/acts/acts1991/ukpga_19910029_en_1.htm

You can read this all day long but the reality will prevail. The reality is that who has heard of an EA being 'done' under this act because I never hear of it happening. So it is a case of looking at options, the most time and cost efficient options. Perhaps small claims court of which some threaten but many do not see it through.

Jorgan_2

chickmug wrote: »

You can read this all day long but the reality will prevail. The reality is that who has heard of an EA being 'done' under this act because I never hear of it happening. So it is a case of looking at options, the most time and cost efficient options. Perhaps small claims court of which some threaten but many do not see it through.

Maybe its because the majority of EA's threatened with being taken to court due to a PMA issue, settle before it gets that far?

When I was working in the Thames Valley, two agents in other offices made fairly simple mistakes, one measured the house up but used the previous garden measurements from when he last sold the house (prior to PMA coming in) because it was raining. The garden wasn't 130' in length, it was 102' long. The new owner threatened to go to court, but settled on £3k of compensation instead.

The other EA took the vendors word that there was a garage with a towncentre flat, there wasn't. The buyer proceeded with the purchase then came asking about the garage. The company decided to purchase a garage close to the apartment rather than go to court. It cost the EA his job, the flat was in central Windsor, so garages weren't exactly cheap.

OP, what wording did the EA use on their details with regard to the double-glazing? Did they have a phrase similar to 'double glazed where stated' if so what was the actual description used for the room? Did they state fully double glazed or similar? The wording & phrases used will depend on whether you have a case against the EA or not.

Spaceman59

Jorgan wrote: »

Maybe its because the majority of EA's threatened with being taken to court due to a PMA issue, settle before it gets that far?

When I was working in the Thames Valley, two agents in other offices made fairly simple mistakes, one measured the house up but used the previous garden measurements from when he last sold the house (prior to PMA coming in) because it was raining. The garden wasn't 130' in length, it was 102' long. The new owner threatened to go to court, but settled on £3k of compensation instead.

The other EA took the vendors word that there was a garage with a towncentre flat, there wasn't. The buyer proceeded with the purchase then came asking about the garage. The company decided to purchase a garage close to the apartment rather than go to court. It cost the EA his job, the flat was in central Windsor, so garages weren't exactly cheap.

OP, what wording did the EA use on their details with regard to the double-glazing? Did they have a phrase similar to 'double glazed where stated' if so what was the actual description used for the room? Did they state fully double glazed or similar? The wording & phrases used will depend on whether you have a case against the EA or not.

Sorry about the delay in replying - been separated from my P.C. The exact wording in the ad was " Living Area :- Large double glazed bay window to front ensuring a nice light ".