Articles tagged with: Title

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.

Possession order - Misleading Omission

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

Complaint

In this case, the Tenant, Mr E, complained that the Agent should not have let the Property given that they were aware that a possession order had already been served prior to the commencement of the tenancy. The Agent failed to respond to the complaint.

Freehold and Leasehold - Misleading Omission

Published on Tuesday, 09 July 2013. Posted in Case Studies

Complaint

Having purchased the property which was sold as a three bedroom detached house, the buyers, Mr and Mrs E, complained that the Agent had not informed them, either during viewings or via the particulars, that the property actually consisted of two parts; a freehold title on the former ground floor shop and a leasehold title for the former first floor flat. Mr and Mrs E also claimed that the rear garden was not included in the sale, despite it being detailed within the sales particulars.

Freehold, Leasehold or Commonhold? - Misleading Omission

Published on Tuesday, 09 July 2013. Posted in Case Studies

Complaint

Following Miss D’s offer being accepted and the memorandum of sale issued, her solicitor informed her that the tenure of the property was not freehold and was in fact a shared ownership leasehold property. Miss D subsequently withdrew from the transaction and alleged that the Agent had misdescribed the property as being freehold.

CPRs Case 5 - Title Issue

Published on Tuesday, 26 February 2013. Posted in Case Studies

Complaint

Following the successful completion of the transaction, Miss E, the buyer, complained that the Agent did not disclose their financial interest in the property which had led to delays resulting in additional solicitor fees. The Agent denied that they held a financial interest in the property.

CPRs Case 3 - Shared Ownership

Published on Tuesday, 26 February 2013. Posted in Case Studies

Complaint

Upon discovering that the property had shared ownership, the potential buyer, Mr C, withdrew from the transaction and raised a complaint against the Agent alleging that the property had not been described correctly.