Housing Association miss sold property -Help/Advice needed

[referee2403]

Re: Housing Association miss sold property -Help/Advice needed

it was raised when I came to sell my property and the value from tewit close to tewit hall gardens has a difference of £10000.

I also informed the HA before this but been shared ownership I was trapped could not move out without there permission, could not rent out and could not afford at the time to take court action, but the HA were made aware of this and ignored it. to this day the deed of variation says tewit close despite me asking for this to be changed numerous times.

I would put an attachment up to make things crystal clear if I could..[IMG]jpeg[/IMG]

at the end of the day the HA knowingly mis-sold the property......I have contacted my solicitor for further guidance

how do i insert an image ?

[referee2403]

Re: Housing Association miss sold property -Help/Advice needed

[IMG][/IMG]

[des8]

Re: Housing Association miss sold property -Help/Advice needed

As the property was apparently bought "off plan" which was incorrect, and the purchaser did not view it until after completion(?), I would suggest it is misrepresentation.
It is not just a change of street address, but a change in road layouts which means access is through a different area.
Whether or not it is substantial enough to allow for a claim is another matter, especially in view of the delay in bringing it forward.
OP must have noted the change of access on first moving in.
OP states that the approach is now through "a council estate", although from Google Earth the houses appear (from diversity of front doors etc) to be ex local authority and now privately owned.
Loss of value might be difficult to prove.

So, although I think there might be a case in theory, like Ripped Off I don't think it is one worth pursuing.

[referee2403]

Re: Housing Association miss sold property -Help/Advice needed

when I bought off plan where the yellow line is was supposed to tewit close as continued circle road

My property is marked in green where the access was originally supposed to be is marked as red

the road circled in Blue was not on the original plans...but now my property is accessed by the road circled in blue with access in black.

I have a 6 foot fence where the red access was supposed to be with no access at all to tewit close not even by foot.

95% of the properties on tewit hall gardens are still local authority owned.

the fact still remains they knowingly sold a property with the wrong address...surely they are not allowed to do this?

I do appreciate everyone's help in this....without seeing the area its difficult to show properly



Hope this makes sense

[Ripped-Off]

Re: Housing Association miss sold property -Help/Advice needed

If you are so angry about this then consider filing a claim with the County Court as a litigant in person and for a sum less than £10k.

You never know, the HA might just offer you a settlement out of court.

Stranger things have happened!

[referee2403]

Re: Housing Association miss sold property -Help/Advice needed

its not a money issue..its the fact they have constantly lied about the situation.

I have my solicitor looking at all the details so will keep you all posted, seems that HA etc can do what they like without any come back perhaps i should start selling raidios and advertise them as TV's hah hah hah

[des8]

Re: Housing Association miss sold property -Help/Advice needed

So if it is not about money, what are you looking for?
An apology?

[referee2403]

Re: Housing Association miss sold property -Help/Advice needed

I am fortunate that I have sold my shared ownership property but others are not in the same position would like them to b brought to task for intentionally mis-selling, misleading. lying about them not knowing it was a different addess when I have a letter that shows different

If this has happened to me how many others have had this happen
Just because i am not after money does that then make it ok??

[des8]

Re: Housing Association miss sold property -Help/Advice needed

It is not a case of "is it OK?".
I am not suggesting it is OK.
I am asking what redress do you (or others) want?
Redress normally boils down to pecuniary compensation.
If that is not what is being sought, what is?
If you can make that plain, you may obtain constructive advice.

[Openlaw15]

Re: Housing Association miss sold property -Help/Advice needed

What does the sign say at the end of your street; Tewit Close or Tewitt Hall Gardens? Do you get your post?

I cannot conceive of how a change of street name from Tewit Close to Tewitt Hall Gardens (which incidentally sounds much better) is the cause of a devaluation of the property in a RICS survey. In any event, in negligence that is pure economic loss and irrecoverable.

Unless someone has picked up the house, foundations and all, and transported it to some other area considered by a surveyor to be run down, I cannot see where there is a claim.



Eh! How is this misrepresentation unless the house has less rooms or is not in the same area as the brochure. The house is presumably built in the same location as when you first viewed it?



How exactly would he do this? Notwithstanding, pure economic loss considerations is it foreseeable that the change of street name is going to result in a drop in the value of the property?

This is wrong, you're thinking of personal injury claims but for land economic losses can be claimed

[Ripped-Off]

Re: Housing Association miss sold property -Help/Advice needed

you're thinking of personal injury claims but for land economic losses can be claimed

Errr, no I'm not, I'm talking about financial loss where there is no injury to persons or damage to property.

Consequential economic loss resulting from the direct consequence of injury or damage is recoverable, whereas pure economic loss is not. Have a look at Spartan Steel & Alloys Ltd v Martin & Co Ltd [1973] or more recently Conarken Group Ltd & Anor v Network RailInfrastructure Ltd [2011]

Unless every book and case that I have ever read was misunderstood by me, then pure economic loss is only ever recoverable if a defendant has assumed responsibility for the claimant's economic well-being - Henderson v Merrett [1994]

[Kati]

Re: Housing Association miss sold property -Help/Advice needed

how do i insert an image ?

email it to me with a link to this thread ... I'll attach xx

[des8]

Re: Housing Association miss sold property -Help/Advice needed

But in this case, if a claim was ever to be made, wouldn't it be on the basis of loss of value following misrepresentation (either negligent or innocent)
of the correct address (Misrepresentation Act 1967)
If the OP relied on the statement of address when deciding whether or not to proceed with the purchase he can claim compensation as that statement was wrong.
No?.. isn't loss where it is calculable allowed. I thought it was just indeterminate economic loss that was not encouraged?

[des8]

Re: Housing Association miss sold property -Help/Advice needed

The case I had in mind was Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465

[Ripped-Off]

Re: Housing Association miss sold property -Help/Advice needed

But in this case, if a claim was ever to be made, wouldn't it be on the basis of loss of value following misrepresentation

Yes, agreed, but that would be a contractual claim (under Misreps Act 1967) providing there is still an enforceable contract.

Reliance on a statement that causes loss will may give rise to a claim in negligence but the notional rules of a duty of care will apply. That is either the 3 stage test Caparo test, the assumption of responsibility test, or the incremental test.

As far as I am aware, in the absence of a special relationship (which is likely to exist in contract anyway) there can be no claim for economic loss that is not directly linked to the damage, whether the loss is calculable or not, unless the loss results from negligent advice -Hedley Byrne v Heller [1967] or from a negligent service - White v Jones [1995].