WWYD: House misrepresented(17 Posts)
Hello - in a bit of a bind. A few months back, we put in an offer on a nice house in an up and coming neighbourhood. The sales particulars stated it was a 3-bedroom, and the price for the house was in line with other 3 beds in that area. When we viewed, we thought the 'so-called' 3rd bedroom was very very small, more of a small cot room/office. The agent when we were viewing assured us it was indeed a bedroom and the vendors had paperwork to prove it. We liked the house besides that issue, and put in an offer which was then accepted. Now we are far down the conveyancing route, and come to find out - the architectural drawings and title are back from the sellers pack, and it's NOT a 3-bedroom. Very clearly marked that the 'small bedroom' is indeed a large closet (though it has a velux window).
We are wondering if we should now drop our offer price by a few thousand pounds, to reflect this misrepresentation, given that we'd be paying top dollar for a 2-bedroom in this area. There is also the fact we have to now tell our mortgage lender too, who has valued it at 3 bed.
However if we try to negotiate, there is then the chance the vendor could yank it from the market, as I know many people dislike 'guzundering'. WWYD? Are we in the right to be upset about this?
You can have a go, but as the seller in those circs I'd have limited sympathy for you - you saw the room with your own eyes, and your lender valued it as a 3-bed house. You apparently decided that it was large/functional enough for your needs.
I'm not hot on what makes a room a bedroom, but if it's just the presence of a window then this is a bedroom by all accounts.
What size is the room? According to the RCIS it can be called a bedroom as long as a single bed will fit into it. A window is ideal, but not a requirement - although this does have a window.
If the room isn't big enough for a single bed then you may be able to negotiate. But the sellers are likely to be pretty irritated with you given that you saw the room when viewing the house and still offered. I'd be wary of buying the house though at a 3 bed price if you can't fit a single bed into the room - you'll struggle to sell it again.
I completely get why the vendors would be irritated with us. And have taken in the feedback that we saw it, and still decided to make an offer. I've not decided what steps (if any to take yet) but good to see others opinions.
Just compared the size of a single bed to the room size. You could fit one in, but would be a squeeze and would struggle to shimmy out of it and get out of the room.
Tiffin: I agree though that you've hit the nail on the head. I'm now wary of paying a 3 bedroom price and selling it on later.
So you thought it was a bedroom until the plans said otherwise?
I understand that you now feel that you are paying over the odds, but I'd be pissed of if I were the vendor if you changed your offer
You need to think rationally here - this has the potential to cost you a lot of money.
You need to either drop your offer to one suitable for a two bedroom house, or walk away. Don't waste your time thinking about the vendors, they certainly weren't losing any sleep over making you think it was a 3 bed, were they?
We have a similar room in our house. When we bought it the particulars described the tiny box room as a bedroom. Technically a single bed would fit in, but you would barely have any floor space left as a result.
When the identical house sold a few years prior it was marketed as having one fewer bedrooms
We took it into account when we put in our offer, as we didn't consider it a bedroom.
If you think you're over-paying then definitely pull out of the sale, it's never a good idea to spend too much on a house. Not great for the sellers, but it's you who will have to live with the decision.
That just illustrates how strange it is that we value houses based on how many of a specific type of room there is! One house near us put a bed in the dining room and sold it as a 4 bed recently, we thought they were having a laugh but it did sell!
Maybe too late for you now, but when you're viewing houses make sure to look at the total floor area and dimensions.
We looked at 3 bed houses from 72m² to 130m²+ when we were buying, and it makes a huge difference.
In your case if you had a certain use in mind for the room then it should still be suitable, no one would be happy with a bedroom you could only fit a bed in unless it was for over night guests or a baby only?
Basically just don't worry about labels, use the house as you like!
Villagenumber: solicitor was also worried, as she'd been asking for sales particulars from the get go and they hadn't shared them. She's now had to inform a number of parties from mortgage company, etc. to see how this would affect their evaluation. We now wait to hear.
I don't get this. You've seen the room and made an offer on it knowing how small it is. Similarly for the valuer from the mortgage company. It doesn't matter what the original plans showed, if you can get a bed in it the seller can call it a 3 bed if they want.
Don't buy a house that you are having misgivings about, and do bear in mind whether you will be able to sell this on as a three bed. TBH I would be lowering the offer or walking away, I would be wary of making a bad investment.
You can of course withdraw or reduce your offer.
If I was the seller, I would reject your offer and put it back on market.
I'd also be fairly annoyed that you had wasted a few months of my time.
So it's not a 3 bed. What is the price gap between a 2 bed and the price you are paying for this place? Are you comfortable parting with that money?
Personally I might be willing to pay extra if I like the house but if I didn't like it enough I'd be the first to drop my offer in price or in totality.
The seller and estate agent are at fault here not you! Can't believe number of posters saying seller will be annoyed did that. They have lied ea has lied and obfuscated I would reduce my offer if bit walk away and ask solicitor to write requesting compensation for time wasted due to misrepresentation. DO not pay 3 price price for a two bed.
If you can get a bed in it you can call it a bedroom though. Who has lied?? Just because the original plans didn't call it a bedroom doesn't mean you can't use it as one. My first house had a boxroom that was barely 6x6. All the houses on the street were the same and they were all advertised as 3 beds, but most people used it as a dressing room or nursery. You've been to the house to see it as has the valuer presumably so what is the issue? Unless they've deliberately misled about the dimensions (but even they say they are for guidance only don't they).
If the mortgage valuation comes back lower you may not have any choice but to reduce your offer. Surely the sellers will have the same issue with any other buyers except cash ones so may be prepared to negotiate if they are sensible.
If you do go ahead would it be possible to increase the size of the room by moving a stud wall? I also agree with other posters saying look at the sq footage overall. This is a good way to see whether you are paying a fair price for the area.
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