Estate Agents description and plan are found to be incorrect

[bb41]

I am in the process of buying a property, but about to fall through .
I went to view a property that a local estate agent had advertised on their website and all the other selling sites. I checked all the floor plans especially the outside area as that was most important
After arriving at the property which was empty the agent showed me round . I subsequently put in an offer that was accepted.

The vendor was a power of attorney for the elderly lady who was now in a home and the property was unregistered . This wasn't a problem as I sold an unregistered property previously and was registered to the new owner on completion
The vendors solicitor decided to do a first registration for some unknown reason as deeds were available although on the hand drawn map it wasn't entirely clear of the boundaries, but the OSM was clear and vendors acknowledged it to be correct with the vendors solicitor at this point

The property came back as registered yesterday but missing a large part of the garden and we can't go ahead with the purchase as we need this space
The vendors solicitor has now said that this new registration appears to be correct and she believes this to be the vendors agreement from a conversation she had with them last week
My query is that when selling a house you have to approve the selling particulars by signing them to be correct before putting on the market.

Do I have any recourse with the estate agent as I have now spent nearly 1000.00 on fees for surveys and searches when the information provided by the agent was wrong .and now about to lose my sale as well

[Peridot]

Hi BB41,

Frustrating and a upsetting having found the property you think you want, but that's why the lawyers do the checks and searches so you know what you are getting. It is often the case that unregistered property will be registered by the current owner (or their attorney) as it can take some considerable time to register which inevitably could delay the sale.

As far as the estate agents details are concerned generally there will be some wording on the particulars such as these:-

• These particulars do not constitute part or all of an offer or contract.
• The measurements indicated are supplied for guidance only and as such must be considered incorrect.
• Potential buyers are advised to recheck the measurements before committing to any expense.
• XXXX has not tested any apparatus, equipment, fixtures, fittings or services and it is the buyers interests to check the working condition of any appliances.
• XXXX has not sought to verify the legal title of the property and the buyers must obtain verification from their solicitor.

You would probably need to check the particulars again but I suspect there will be some disclaimer on there somewhere.

Although annoying it is best you found out now before you were further down the line or had even purchased the property, to then find the land was not as expansive as you thought. You'd be amazed how many people don't even check the documentation properly when purchasing a property!

[bb41]

Thanks, it's what I already knew to be honest.. the boundaries of surrounding properties are correct and this is about 49 square foot that is now deemed not part of the property, but doesn't appear to belong to anyone else although it did belong to the Current owner when they first bought the house in the early 70's

[Peridot]

It may be worth questioning the boundary if you love it enough? If the current owner purchased the property 'with' this land and she has been the sole user of the land over the last 40 years there may be an argument it has been adopted? Have you spoken to the lawyers about it?

I know what it's like you find the one you think is it and then some issue pops up and have to walk away. But if you love it that much may be worth doing a little more digging?

[bb41]

Thanks I'd like to thinks so, the boundary fences are quite clear and the garden is an l shape , it's quite clear on the aerial view and the original deeds, my solicitor is on it since 8.15 this morning but until either the agent or the solicitor get hold of the vendors we are stuck in limbo.
It' s an emotive purchase as it means I can go home to family after being away for 4 years

[Peridot]

Fingers crossed for you. If it doesn't happen there's probably a good reason and you'll find something even better. If you say it often enough it helps honest

[bb41]

I suppose, I just miss my daughter and grandson, and probably won't get to see them at xmas now :-(

[2222]

BB41, you could complain to the estate agent and ask for compensation. They are responsible under the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008. (I am not sure of the interaction with the Consumer Rights Act 2015.)

I am not suggesting you get involved in a complicated legal case. All estate agents need to be a member of one of the three estate agent ombudsman schemes, so if your agent won't help you, you can go to the ombudsman. The agent will complain that it's not his fault, as he asked his client to verify the information. However, between them, they have marketed the property with misleading information, and there's no reason you should be the muggins who ends up paying the cost.

So, complain to the agent, and take any half-reasonable offer they make. If they refuse to pay you anything, then go to the ombudsman and take whatever award they make.

[bb41]

BB41, you could complain to the estate agent and ask for compensation. They are responsible under the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008. (I am not sure of the interaction with the Consumer Rights Act 2015.)

I am not suggesting you get involved in a complicated legal case. All estate agents need to be a member of one of the three estate agent ombudsman schemes, so if your agent won't help you, you can go to the ombudsman. The agent will complain that it's not his fault, as he asked his client to verify the information. However, between them, they have marketed the property with misleading information, and there's no reason you should be the muggins who ends up paying the cost.

So, complain to the agent, and take any half-reasonable offer they make. If they refuse to pay you anything, then go to the ombudsman and take whatever award they make.

Thank you so much, a 1000.00 down makes it even harder and your comment may give me something to focus on... I don't want to apportion blame but as much as I know I have to do due diligence I do rely on the sellers particulars and when a garden that has boundary fences that have been there for a long time and I have checked each surrounding property I am a little naffed off

[Peridot]

Hi again,
with a disclaimer in place and the fact it’s unregistered land so plans aren’t available to check the agent would have to go on the sellers word. With the disclaimer in place I suspect you’d be hard pushed to get anywhere. No harm in flagging it to them and see what they say.
probably better to make further enquiries with the solicitors and the sellers.
Let us know how you get on.

[bb41]

Hi again,
with a disclaimer in place and the fact it’s unregistered land so plans aren’t available to check the agent would have to go on the sellers word. With the disclaimer in place I suspect you’d be hard pushed to get anywhere. No harm in flagging it to them and see what they say.
probably better to make further enquiries with the solicitors and the sellers.
Let us know how you get on.

yes I always give an outcome even if mine isn't so great... today I've been told that the agents plan is correct from the sellers but they are very old and unclear.. strange how it doesn't take me long to find out surrounding boundaries and find they are correct and support this house boundaries ..I have a problem with conveyancing solicitors

[bb41]

So an update.. god knows it's like extracting hens teeth. So finally the vendor sends in a document and although the house has been registered , part of the garden is still unregistered and is going to be registered as possessory title allegedly along with a statement of truth.

I am OK with this . My question now is can I register the property (possessory title ) when I receive the statement of truth after completion instead of waiting for the vendors to do it which would mean another wait.
I got in touch with Land registry and they seem to think this would be OK.

[Peridot]

Hi BB41,
That's some good news at least. Well done pulling the teeth
I am not certain on this and would recommend that you ask your solicitor. My initial thoughts are that the possessory title comes into play because the owner (current) has been in possession of the land for a period more than 12 years. If they leave the land then the time line is broken and the 12 years may have to start over. As I say I'm not certain so do check, but I suspect it would be safer from your point of view as you only want the property with the whole area of land (as far as you can) to let the seller register the possessory title before completion. Then if there are any issues these can be dealt with at no cost to you other than the inconvenience of waiting for this to be sorted before completion.
It would be a shame to be so close, agree to deal with the registration yourself to then find an issue and it would be too late to pull out by then.
Just my thoughts. Do discuss it with a conveyancing solicitor before making a final decision.

[bb41]

Thanks , yes of course I will run it past solicitor , and thank you for your help. Update in due course

[bb41]

Update.. sorry for the delay, but delay seems to be the operative word in this whole sorry saga ... A lot but not a lot has happened.. We had to go for adverse possession on the garden, all expedited but eventually a site visit even with all evidence vendors solicitor produced went ahead Monday last.

My buyers completed last Friday (mad, but yes they did) all weekend there were a lot of pram rattles being thrown by our buyers , temp accommodation etc etc .all hail it's my fault.

As of today it does look like the last bit of the process (sending notification to neighbours ) will have to happen .. I think they have 2 weeks to lodge a defence but pretty impossible to state they have used the land continuously for the past 12 years as boundary walls and fences even older still in situ, but knowing my luck this will happen

I also had the "if you don't exchange and complete in 3 days we are pulling the offer" email today.

I was pretty prepared for that as through many house sales some buyers seem to think in a situation like this I can somehow bribe LR to hurry up to get an exchange and completion if they don't posture and rattle .

As I told the buyers last week , I would rather spend my xmas sitting in a house with no cooking facilities and limited heating but surrounded by family than sitting in a lovely home but with no family I know the former is far more appealing but the process that has to be gone through is just that and as much as we are near the end we still can't put a binding date on it .

Doesn't help buyers solicitor finishes on Wednesday for xmas !!

So after receiving the "we are pulling out " email and they are living in an air bnb I told my agent if that's the case then press the button and take the "under offer" off the website.

Within an hour (wasn't expecting it quite so soon" I got another notification " we can extend our air b and b for another 3 weeks but will insist on exchange before xmas with completion early January

Now I'm not sure what they are not understanding but a legal process is a legal process , they have a choice of pulling out, that is their right. They have a really good deal on my house and would be hard pressed to find the niche house they need well within the price bracket ( I try and price to sell rather than over price)
So they have a couple of choices : stay on board and in a worse case scenario complete in 4 weeks take xmas out the way or walk away and have to go in a full 6 month rental and find somewhere else and maybe caught up in a chain with mortgages and all sorts ( no chain just them and us and an empty house no finance on either property )

I have decided to keep my house on the market until such time an exchange happens if it does as quite honestly all the threats of withdrawing are now becoming so stressful I'd rather keep a foot in both doors... or could I be just cutting off my nose ??