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All, after a long process I have finally received a decision from the Property Ombudsman that offers £400 for various failings of the Estate Agent (EA) in a transaction that completed on 1 October 2024.
The background is, on that day I discovered a commercial scale cannabis operation in the basement which has led to a verified loss of over £400,000.
The question is, do I take the £400, or do I pursue a civil claim against the EA? In essence, do I have a claim? Or should I just take the £400 which would also be helpful.
The basis of my argument against the EA is:
1. The Agent was “on notice” with the basement not being on the title, and they were aware the basement was not on the title as they were responsible for drawing the Lease Plan. This is in addition to the basement being unavailable for viewings and the smell of cannabis during viewings.
2. The TPO guidance requires that, when on notice, the Agent cannot solely take the owners word for something, they must make their own investigations.
3. This therefore implies that the Agent cannot take the Owner's word for the basement existing or even that the Lease Plan has been drawn correctly, they must investigate further themselves.
4. Additional to this is the legal requirement to ensure that the Lease Plan is drawn correctly given the legal importance of this document.
5. Both (3) and (4) above necessitated a physical inspection to ensure (a) the basement existed and (b) the Lease Plan was accurate.
6. It is clear the Agent never inspected the basement (or arranged for someone else to inspect the basement) because (a) they said they did not view the basement (see original formal complaint) and (b) the drawings (including boundary lines and added walls) are so wrong.
7. Had the Agent physically inspected the basement as required to do, they would have discovered the commercial scale cannabis operation and this loss would have been avoided.
To note I have a separate claim against the Surveyor, who did not survey the basement of the property (because he wasnt allowed to by the previous owner) and did not disclose this in his report and the Conveyancer who asked for photos of the basement, never received them (or the electrical safety certificate) but closed these enquiries off without advising of the risks of proceeding without them.
Very much welcome any support here through this stressful time.
The background is, on that day I discovered a commercial scale cannabis operation in the basement which has led to a verified loss of over £400,000.
The question is, do I take the £400, or do I pursue a civil claim against the EA? In essence, do I have a claim? Or should I just take the £400 which would also be helpful.
The basis of my argument against the EA is:
1. The Agent was “on notice” with the basement not being on the title, and they were aware the basement was not on the title as they were responsible for drawing the Lease Plan. This is in addition to the basement being unavailable for viewings and the smell of cannabis during viewings.
2. The TPO guidance requires that, when on notice, the Agent cannot solely take the owners word for something, they must make their own investigations.
3. This therefore implies that the Agent cannot take the Owner's word for the basement existing or even that the Lease Plan has been drawn correctly, they must investigate further themselves.
4. Additional to this is the legal requirement to ensure that the Lease Plan is drawn correctly given the legal importance of this document.
5. Both (3) and (4) above necessitated a physical inspection to ensure (a) the basement existed and (b) the Lease Plan was accurate.
6. It is clear the Agent never inspected the basement (or arranged for someone else to inspect the basement) because (a) they said they did not view the basement (see original formal complaint) and (b) the drawings (including boundary lines and added walls) are so wrong.
7. Had the Agent physically inspected the basement as required to do, they would have discovered the commercial scale cannabis operation and this loss would have been avoided.
To note I have a separate claim against the Surveyor, who did not survey the basement of the property (because he wasnt allowed to by the previous owner) and did not disclose this in his report and the Conveyancer who asked for photos of the basement, never received them (or the electrical safety certificate) but closed these enquiries off without advising of the risks of proceeding without them.
Very much welcome any support here through this stressful time.
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