Misrepresentation by estate agents

Misrepresentation by estate agents

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driverrob

Original Poster:

4,687 posts

202 months

Friday 26th September 2014
quotequote all
The house was we've just moved into was described in their brochure as "fastidiously maintained".
No I know that the vendors are responsible for my costs in disposing of rubbish they've left, including a tumble dryer that doesn't heat, rabbit hutch ..... but:
We have had 3 guys from a professional cleaning team in for two days now and they haven't finished. They all said it was so bad they wouldn't live here. Apart from the dirt, the outside woodwork is flaking everywhere, the wood flooring has been damaged by their dogs, the inside paintwork is badly done and damaged and he's left a load of those plastic picture hooks in wall which cause damage when removed.
There's only so much you can take in while being shown around a fully furnished property for much less than an hour.
All the solicitors and the selling estate agents are denying any blame. The vendor is not reply to emails and we don't have his new address or phone number.
Where do you legal experts reckon we stand?

SV8Predator

2,102 posts

164 months

Friday 26th September 2014
quotequote all
driverrob said:
They all said it was so bad they wouldn't live here. Apart from the dirt, the outside woodwork is flaking everywhere, the wood flooring has been damaged by their dogs, the inside paintwork is badly done and damaged and he's left a load of those plastic picture hooks in wall which cause damage when removed.
driverrob said:
There's only so much you can take in while being shown around a fully furnished property for much less than an hour.
confused

505diff

507 posts

242 months

Friday 26th September 2014
quotequote all
no just no

driverrob

Original Poster:

4,687 posts

202 months

Friday 26th September 2014
quotequote all
505diff said:
no just no
What does that mean?
The contracts of sale clearly stated that the vendor is responsible for leaving the property in a clean condition and for the cost of removing rubbish. There we should have a clear case, we think.
But no seller of goods would get away with misrepresentation on this level. Why should estate agents?

surveyor

17,765 posts

183 months

Friday 26th September 2014
quotequote all
Did I really read that? Surely no one's daft enough to write it?

Mound Dawg

1,915 posts

173 months

Friday 26th September 2014
quotequote all
You viewed the house and didn't spot that it was uninhabitable?

rigga

8,727 posts

200 months

Friday 26th September 2014
quotequote all
surveyor said:
Did I really read that? Surely no one's daft enough to write it?
Yes you did
Yes he did


Not sure why the op is questioning now the house he purchased, its a tad late to notice things arnt quite as he'd like.

paintman

7,669 posts

189 months

Friday 26th September 2014
quotequote all
Sounds like a chunk of buyer's remorse.
You viewed the house and bought it. Up to you to satisfy yourself as to the condition either by properly inspecting it yourself or paying a professional to do so BEFORE going ahead with the purchase.
You think the seller's going to tidy it up, repaint & decorate it for you?
Have you actually bought/owned a house before or just rented?
Reminds me of a colleague who sold his house. The purchaser kept contacting him & asking when he was going to come & fix the gutteringrolleyes

Jon1967x

7,175 posts

123 months

Friday 26th September 2014
quotequote all
You don't have a contract with the estate agent - you bought direct from the vendor with the help of a solicitor



JustinP1

13,330 posts

229 months

Friday 26th September 2014
quotequote all
driverrob said:
What does that mean?
The contracts of sale clearly stated that the vendor is responsible for leaving the property in a clean condition and for the cost of removing rubbish. There we should have a clear case, we think.
But no seller of goods would get away with misrepresentation on this level. Why should estate agents?
Because on estate agents adverts and brochures it states they can.

Your contract is with the seller.

530dTPhil

1,374 posts

217 months

Friday 26th September 2014
quotequote all
Specsavers! An hour in the house and you couldn't spot dirt everywhere, damaged floors and flaking paint?

How many houses did you view before you agreed to purchase this one?

STURBO

319 posts

159 months

Friday 26th September 2014
quotequote all
driverrob said:
Where do you legal experts reckon we stand?
In a shabby house, with a bit of sorting out to do.



Edited by STURBO on Friday 26th September 22:19

rallycross

12,742 posts

236 months

Friday 26th September 2014
quotequote all
Did you view it in the dark?
How many times did you bother to have a viewing?
Did you get a survey?
Who's fault is it you didn't notice the condition of the house before you made an offer?

driverrob

Original Poster:

4,687 posts

202 months

Friday 26th September 2014
quotequote all
OK. Ignoring all the sarcasm, I'll accept the advice that estate agents can get away with what they like (assuming this was given from a stand point of knowledge) and that our contract is with the seller. It is indisputable that the contract has a stipulation about the state the house must be left in. I do not remember a clause that stipulates the buyer must examine every aspect of the house, inside and out to assure themselves of the state of it and a normal surveyor's report covers rot, leakages cracks etc, but not cleanliness.

When you're being shown around a house you don't close the blinds to examine their bottom edges. You don't remove kitchen drawers to check for grease on the runners and dust and debris underneath or pull out cutlery trays. You don't open the oven and shine a torch inside to check for grease. You don't lift rugs to check the state of the flooring underneath. Well I don't. Do others? Is it something that's legally my responsibility to do?

I would prefer some advice based on legal knowledge but I'm sure those who enjoy making sarcastic comments will continue to do so.

TooMany2cvs

29,008 posts

125 months

Friday 26th September 2014
quotequote all
driverrob said:
Is it something that's legally my responsibility to do?
Frankly, yes, it IS the buyer's responsibility to satisfy themselves of the condition of anything that's particularly important to them. That's why you get a survey, that's why your solicitor does all those searches - to satisfy you of the basics. If the state of decor and cleanliness is particularly important to you, then make sure you have more than a quick once-around before you put the flamin' offer in. Once you put an offer in, there's a presumption that you're satisfied with the basics of the place, and it's only the hidden and/or expert stuff which is in play.

STURBO

319 posts

159 months

Friday 26th September 2014
quotequote all
OK serious answer:

That's just how it is when you buy a house.

It really is a lottery with regard to how clean they leave it. Some people leave them mint, other don't care and others run out of time as it's quite frantic on moving day for some.

Most old houses look a bit shabby when empty of furniture.

Either way neither the Estate agent or seller is legally responsible, you had opportunity to look around and get surveys done.

Sounds like it's just minor issues, at least the walls are still standing.
Hope you get it all sorted.

We had similar this summer. Sellers left lots: 3 van loads of things including a set of false teeth in the bathroom cupboard.


505diff

507 posts

242 months

Friday 26th September 2014
quotequote all


I would prefer some advice based on legal knowledge but I'm sure those who enjoy making sarcastic comments will continue to do so.
[/quote]

Best not to ask for FOC legal advice on a car forum then. Pay the going rate for a professional

TorqueVR

1,838 posts

198 months

Friday 26th September 2014
quotequote all
505diff said:
Pay the going rate for a professional
Spot on. The professional's called a chartered surveyor and he should have paid him before buying it!!.

Fastpedeller

3,847 posts

145 months

Friday 26th September 2014
quotequote all
Maybe I'm cynical - but many years ago I came to the conclusion that when buying a property the following apply:-
1. Estate Agents are pathological liars, so don't trust them
2. When you buy a property you get less warranty than if you buy a box of matches
3. Even if it's got a survey, they have many get-out-clauses so make your own thorough inspections
4. Estate Agents are pathological liars.

Trust only yourself, and you have only yourself to blame.

funkyrobot

18,789 posts

227 months

Friday 26th September 2014
quotequote all
Fastpedeller said:
Maybe I'm cynical - but many years ago I came to the conclusion that when buying a property the following apply:-
1. Estate Agents are pathological liars, so don't trust them
2. When you buy a property you get less warranty than if you buy a box of matches
3. Even if it's got a survey, they have many get-out-clauses so make your own thorough inspections
4. Estate Agents are pathological liars.

Trust only yourself, and you have only yourself to blame.
5. Estate agents are illiterate, scumbag tossheads. I don't normally do sweeping generalisations, but when it comes to estate agents they can be used.