Windows- falsely advertised

[Wannabestepfordwife]

I'm not sure if this is the place to post but in the estate details and all the itinaries for our house it's described as having double glazing throughout however since dp and I have moved in we have noticed only certain rooms have it.

Is this something we can complain about?

[ilikecooking]

I don't have any experience of this but if the spec definitely uses the word 'throughout' you may have some comeback.....but equally, would this not have been mentioned in the survey for you to take not of and how come you didn't notice during the viewing(s)?

[lalalonglegs]

Well, there is the Property Misdescriptions Act which is meant to guard against this sort of thing but I think if it came to litigation, you would be asked why you hadn't noticed before moving in. Are the windows uPVC so you would assume that they are double-glazed?

[Wannabestepfordwife]

They are upvc and I no it sounds daft but as it said it had double glazing throughout and they look like double glazed windows we didn't pay attention to how many panes of glass.

I know it's silly but it's our first house and we didn't think to look

[PuntCuffin]

Isn't there usually a disclaimer in particulars about buyer's responsibility to check details?

[lalalonglegs]

The buyer should have signed something to say that the details were correct. It's worth taking it up with the EA and seeing where you get but I wouldn't hold out much hope for a huge payout. There seems to be a lot of wriggle room in these things. Best thing would be to check the exact wording of the description first.

[Wannabestepfordwife]

I didn't think there was much chance of compensation but will have a check through disclaimers and descriptions.

Thanks for the advice

[ilikecooking]

Did you receive any paperwork via the vendor/lawyer from the window co that installed them?

[NoArmaniNoPunani]

What did the survey say?

[Wannabestepfordwife]

I'm positive it's doubled glazed downstairs but upstairs there's a gap where the other pane should be fitted and condensation is dripping down into where the pane should be so I have to dry the windows every morning.

The survey says doubled glazed but tbh it isn't worth the paper it's written on he didn't pick up the damp when we paid for the extra thorough survey.

Not sure about receipts from the window company but will have a look

[Tiredandhot]

Nothing in the estate agents paperwork means anything. The survey you had done, the property information questionnaire and any specific questions you asked via your solicitor are the only things to whch you would have redress. Property purchase largely operates on a 'caveat emptor' basis ie 'buyer beware'. You have to satisfy yourself on the details of what you are buying.

If your solicitor asked the vendors to confirm all windows were double glazed or the vendors stated that on an information submission, you may have some redress. If it is just in the estate agents particulars, well, those do not form part of the legal aspects of your purchase.

[Tiredandhot]

Well, if that and the damp weren't found in the survey you could go after the surveyor for negligence, especially if it was a full building survey.

[Wannabestepfordwife]

Thanks for the advice tiredandhot I think dp and I will have to go through the survey when he finishes work and see if there are any more anaomlies

[lalalonglegs]

The Property Misdescription Act was repealed last month and you now have to rely on consumer law. However, one of the standard quedtiobs on the form that vendors have to fill in asks ehether windowd have been installed since (I think) 2001 and ssks for a GENSA certificate or equivalent. Was tjere any mention of this from your solicitor?