Articles tagged with: CPR

No-Man’s Land

Published on Friday, 17 April 2015. Posted in Case Studies

Complaint

The Buyers claimed that the Agent had incorrectly advertised the property. They explained that during the conveyancing process they discovered that an area of land at the rear of the garden was not included in the title plan belonging to the property, and in fact belonged to the local council. The Buyers argued that the Agent should not have marketed the property without having checked this. They also pointed out that they incurred additional costs in registering all of the garden (as seen) as part of the property, arguing that they were treated unfairly by the Agent as a result of the Seller not agreeing to make an allowance for these costs as part of the transaction.

An Uninspected Inspection Pit

Published on Monday, 01 September 2014. Posted in Case Studies

Complaint

Following their purchase of the property, the buyers, Mr and Mrs B, raised a complaint with the Agent, pointing out that although the particulars detailed that the garage benefitted from a vehicle inspection pit, there was actually no such facility.

Property Being Sold (Misleading Actions)

Published on Monday, 01 September 2014. Posted in Case Studies

Complaint

During the initial viewing of the property, Mr and Mrs C informed the Agent that their reason for ending their current tenancy was because that property was on the housing market and they no longer wished to endure the inconvenience of prospective purchasers and viewings. They specifically asked the Agent if the property they were viewing was on the market for sale and were told by the Agent that it was not. Having entered into the tenancy Mr and Mrs C became aware that the property was, in fact, being advertised for sale. Mr and Mrs C complained that the Agent had failed to provide them with material information about the property and that, had they done so, they would not have entered into the tenancy.

Who Owns the Loft?

Published on Friday, 29 August 2014. Posted in Case Studies

Complaint

Shortly before exchange of contracts was due to occur, Mrs G, the buyer, raised a number of complaints against the Agent in relation to the sales particulars and the information verbally provided to her during viewings, both of which indicated that the loft space attached to the top floor flat formed part of the property and had the potential to be converted into a further living space, but which her solicitor had subsequently discovered was not necessarily the case. The Agent responded by stating that the property had been marketed on the basis of its potential and on the information provided and approved by the sellers.

Planning Permission 2 (Not a Misleading Omission)

Published on Wednesday, 09 July 2014. Posted in Case Studies

Complaint

Mr and Mrs B placed an acceptable offer on the property, which had not yet been completed by the property development company who was the seller. A number of months later it became apparent during the conveyancing that there was a planning issue which was likely to delay the transaction. The seller advised that the matter was in hand and would be resolved soon, however, Mr and Mrs B decided to withdraw from the transaction. They then
complained to the Agent asserting that they should have been made aware of the planning issue and sought compensation for their abortive fees.

Wash with Problems

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

The complainants, Mr and Mrs J, bought a property in the knowledge that five months prior to making their offer the property had been flooded. The property was situated near the sea and a river. A year after the purchase, the property was flooded again and, according to Mr and Mrs J, was at risk to flooding on an additional three separate occasions. Mr and Mrs J alleged that the Agent withheld information and deceived them about the true nature of the risk of flooding.

A Licence to Rent

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

Mr and Mrs I, the buyers, were investors who approached the Agent with a view to buying a rental property suitable for their needs. The Agent duly provided them with the details of the property which included rental values and was being sold with a sitting tenant. Mr and Mrs I proceeded to purchase the property, however, two years later, after being contacted by the local council, Mr and Mrs I complained to Agent that they had neglected to inform them that the property fell under the Council’s selective licensing scheme which, in their opinion had devalued the property.

More Problems Down Below

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

Upon making an agreeable offer, the potential buyers, Mr and Mrs G proceeded to instruct solicitors and a surveyor. Unfortunately, during this process it came to light that the basement, described in the sales particulars as having been converted to a further room that could be used a bedroom, did not have the required permission. Mr and Mrs G withdrew from the transaction and complained that the Agent’s sales particulars had misled them.

West Is Not the New East

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

Following her purchase of the property, the buyer, Ms F, asserted that the Agent had misrepresented the property by listing incorrect directional aspects on the sales particulars and that, as a result of this misinformation she would experience ongoing inconvenience until such times as she sold the property.

Cultivating the Boundries

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

Following her successful purchase of the property, Mrs D, the buyer, complained that the Agent had failed to disclose that that the sellers did not own the entire garden (as depicted in the sales particulars) and were, at that time, in the process of obtaining possessionary title for the land that they did not own but which they had cultivated as their garden.

A Secret Garden

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

The Agent marketed the property, (which formed part of an estate that the Agent had managed for over ten years), as in need of modernisation and updating. The potential buyer, Mr C, was fully aware of this fact when offering for the property however, he argued that he did not become aware that there was actually no garden; that the property was listed; and that it had septic tank drainage located on someone else’s land until some way into the transaction.

A Transparent Issue

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

In this case, Mr and Mrs A, the potential buyers, claimed that the Agent failed to check the PVCu windows and doors which had been installed by the sellers were compatible with the property’s grade II listed status, adding that this had caused them to enter into a long and drawn out transaction that did not proceed to fruition.

Cold Nights, Warm Days

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

The prospective tenants, Mr and Miss G, claimed that the Agent had misled them by stating that the property benefited from electric night storage heaters when, in fact, they were ordinary electric heaters. Upon finding out this information Mr and Miss G withdrew from the tenancy and asked for a refund of their holding deposit. The Agent refused, claiming that the prospective tenants had not asked them to investigate the matter.

Problems Down Below

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

The prospective tenant, Mr B, viewed the property (a ground floor flat) that was advertised as benefitting from a cellar. At the time of the viewing Mr B and the Agent discovered that the stairs to the cellar had been broken by a contractor who had been working in the property. The contractor had not reported the damage to the Agent or the landlord. According to the Agent, he informed Mr B that he would be surprised if the landlord would mend the stairs. The comment was subsequently disputed by Mr B, following his withdrawal from the transaction, who claimed that the Agent had told him to pay an administration fee of £120 and that they would let him know what was to happen with the cellar.

Fully Furnished(Ish)

Published on Tuesday, 15 April 2014. Posted in Case Studies

Complaint

Following the prospective tenants applying to rent the property, the Agent conducted negotiations regarding the furniture own by the Landlords, Mr and Mrs A, which was to be removed. The negotiations did not reach a mutual agreement and the prospective tenants withdrew from the transaction. Mr and Mrs A subsequently complained that the Agent had removed the majority of furniture from their property, despite it being marketed as ‘furnished’ and that the subsequent withdrawal of the prospective tenants had deprived them of the opportunity to receive rent, particularly since they had declined another set of prospective tenants from another letting agent.

Communal Parking - Misleading Action

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

Following their purchase of the Property, Mr and Mrs F complained that the Agent had provided incorrect information in stating that there were five communal parking spaces available near the Property when this was not the case. Mr and Mrs F maintained that they were told these were in addition to the double garage.

Structural Issues - Misleading Omission

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

The Seller (a mortgagee in possession), instructed Agent B to market the Property for sale on a dual agency basis with Agent A, who had been marketing the Property prior to it being repossessed. Following the initial viewing the eventual buyer, Mr E, submitted an offer through Agent B which was accepted. Exchange and completion took place four weeks later. However, after several weeks, Mr E wrote to Agent B to complain, advising that Agent A had given him a copy of a structural report outlining subsidence at the Property with an estimated repair cost of between £25,000 and £30,000 adding that they had informed him that they had provided a copy of that report to Agent B two months previous. Agent B denied that they had received a copy of the report and argued that they were not advised of any structural concerns with the Property by the Seller or any estate agent.

Investment Property - Misleading Action

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

The potential buyers, Mr and Mr D, asserted that the Agent’s sales particulars were misleading as they had described the Property as being ‘ideal for any investment’, yet they had discovered through their solicitor that the lease contained a covenant preventing the Property from being sub-let, making it unsuitable for a buy to let investment. The Agent responded stating that they had been unaware of the covenant, that this was a matter for legal representatives to determine and, therefore, they could not be held accountable for
Mr and Mr D’s losses.

Title Issues - Misleading Omission

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

Following the discovery of issues concerning access and a leasehold title, the potential buyer, Mrs C, withdrew from the transaction and raised a complaint against the Agent stating that this information should have been divulged to her at an earlier stage which, if it had been, would have resulted in her not incurring legal and surveying costs. The Agent responded by pointing that the issues concerned fell within her conveyancer’s responsibility, adding that they were not made aware of either issue by the Seller.

Neighbouring Development - Misleading Omission

Published on Thursday, 05 December 2013. Posted in Case Studies

Complaint

Following their third viewing, Mr and Miss B made a number of offers for the Property the last of which was accepted. Conveyancers were appointed and a survey instructed.

However, several weeks into the transaction Mr and Miss B viewed a local news programme where it was reported that a large development of 1,200 houses, a retail park and a waterside park were planned in an area 200 metres away from the Property. After further research Mr and Miss B found that the draft proposal had been made public several months before they viewed the Property. They decided to withdraw from the transaction and subsequently complained that the Agent had failed to disclose this information to them, despite stating that they had raised questions about proposed local developments during their viewings. The Agent contested that Mr and Miss B had raised such questions.