Estate agent marketing 3 bed as 4 bed

[CamdenTownie]

Hi everyone,

We've had an offer accepted on a property and as far as we were aware up until today it had 4 official bedrooms, including a loft conversion.

The estate agent has just called and said that when the survey takes place it will only be classed as a 3 bed as the loft doesn't have building regs.

I don't know what to do, I certainly wouldn't pay £475000 for a 3 bed property, and I won't have any cash left after the purchase to get it passed, I do love the house but obviously I'll only be able to sell it on as a 3 bed.

I'm both cross and upset, I feel I've been misled as well f it was marketed as a 3 bed I wouldn't have even considered it. I'm not even sure if it would be safe for one of the children to use as a bedroom.

My brother has suggested making an offer now based on the fact that it is officially a 3 bed, I don't even know what that would be?

It's going to be a problem if we pull out as we have a buyer in place and I don't want to lose them.

Anyone have any advice?

Thanks

Seller is an architect?
Oh this makes it all even more Dodgy!

We live in a v similar road and lots of the houses have loft conversions that don't comply with BR simply because they don't meet the minimum head height requirement. It's not that they've been done on the cheap or have cut corners/ are structurally unsound.

Obviously you need to check this for this particular house. However, it's likely to be quite invasive to check this professionally (I.e. not simply relying on vendor) e.g. looking at floor joists etc so it's a big issue for both parties.

Ok - I've just read through all the replies.

I'll be honest I'm not used to buying and selling property, I've only done it once before and as a first time buyer it was all straight forward, I took the estate agents word that the loft was a bedroom and I naively thought that it was classed as a 3/4 bed because one of the first floor bedrooms is tiny.

Anyway I did email the agent today and I got a response from the company director-

Here it is -

I called and left you a voicemail to discuss your recent email to Ben.

I'll keep it simple. You viewed the property twice. You were completely aware of the layout and the set up of the loft extension. I was also in the office when Ben spoke to you on the phone explaining that the loft room was not technically a bedroom, although it was dressed as one, it could only be classed as a loft room.

In regards to price - There will be no reduction in the price. Your reduced offer from the asking price, and the asking price itself were priced based on the property being a 3 bedroom house with a loft room. If the property was officially a 4 bedroom house, then it would be advertised at £500,000.

If you do not want to proceed with the purchase, then I will have to put the property back on the market immediately.

Let me know,

I have to point out that at no point did the agent mention that the room was 'dressed' as a bedroom until he called yesterday, also when we viewed it wasn't mentioned either, I may be stupid but I have no idea what quantified an acceptable loft room, I saw it and it was a room with a bed in it, I took it that as the description clearly mentions the loft being a bedroom that it was - officially.

Anyway lesson learned I guess, I won't be going ahead with the purchase, too many red flags and too much hassle this early on.

Thanks to everyone for the advice, as I said I had no idea and it's been very helpful.

do you think I should report to the property ombudsman? as it definitely was misleading especially as he only called last night to mention it was a three bed, no mention of that at the viewings.

Very cheeky indeed. These houses should always be marketed as "with a loft room". I would always be worried as to why the owner had not gone down the correct route especially if the floor has not been strengthened to take the weight. Either do it properly or don't do it at all. Frankly I think you made the right call on this one and the EA is trying to cover their arse.

I've just rechecked the right move listing and they've changed it! I can't believe it - obviously means the agent knows they were wrong!

That email would have pissed me right off! You've definitely made the right decision. Good luck with finding a new house to offer on.

Well if the EA has changed the listing they are defo trying to cover their arse and know they have made a mistake. The contents of their email would have made me very angry as well. Have you spent much money yet with your solicitor?

Oooh, email back asking why they've changed the description to reflect what your complain about, despite claiming to you that it was not misrepresented!!

Not too much - but it's put us right back, and now I feel like it was all going too well, I'm waiting to email back, I saved the original listing as a pdf so I have a copy on my laptop.

The attitude of the email is disgusting, I think possibly because they know they shouldn't have listed it as a four bed - feels like a trap.

I'm waiting to see what happens when it's put back on the market, I'm guessing any buyer would feel the same if they were looking at 4 beds? It's listed under 4 beds on right move as that was my search criteria.

That EA sounds like a knob, sorry to be rude but I can’t believe he has spoken to you like that.

My mums old house had a loft conversion which was not official, when she sold it the EA told her it was essentially worthless as it couldn’t be billed as a bedroom. The house we had been using as a 4 bed house for years was sold as a 3 bed house. It’s just the way it has to be.

The EA obviously knew they were on dodgy ground, otherwise they wouldn’t have had to warn you about the survey. Tbh, I would imagine the survey would show the house as over valued as its technically missing a bedroom!

I'd email him the screenshots and ask him why he changed it.

And that you are piling out as you have no trust in their agency or the vendor. Advise that you will report this to the regulatory body.

That email is very annoying

I have no doubt they are covering themselves

Feel free to be annoyed with them, was it a national chain?

Also good for you copying it on here, I could feel my blood pressure rising just reading it so god knows how you feel

That email is rude and dismissive. Not even an, 'I'm sorry you feel that way' apology (not accepting guilt apology).

If they have changed the listing now, I'd report EA to a professional body if there is such a thing.

Also - why should a buyer know to ask about building regs? Its the EA's job to be explicit. That's the big problem with estate agents in this country. Working for the seller and (supposedly) the buyer simultaneously. They can't be relied upon.

I think you are perfectly within your rights to report this to the Property Ombudsman if you so chose to do so. Taking a quick look on that site and under the heading "More problems down below" there is a similar case that refers to a cellar being used as bedroom and marketed as such without BR. These people were awarded £700 for their waste of time and the start of their solicitors fees. Take a read of it and see what you think especially as you have the proof they have changed the spec on Right Move and rang you ahead of the survey. The only thing to bear in mind is if you do go down this route you may well then not want to book any appointments to view other houses in the area through this EA. If they have a strong hold within the area will this negatively impact on your future house search?

'I'll keep it simple' .

What a king cockwomble.

I would be very tempted to write back and say, 'Yes, let's keep it simple. No sale - and you've been reported to the Ombudsman for sharp practice.'

That email from the EA is so rude. Is it any wonder they are such a hated profession!? If you have the energy it's well worth putting in a formal complaint. You have to do this directly with the EA and they are obliged to have a formal complaint procedure for you to follow. If they don't, or you are unsatisfied with their response then you can go to their professional body/ombudsmen. Pulling out is absolutely the right call, there will be other houses and I wouldn't want to continue the transaction now even at a reduced price given the lack of unprofessionalism on display.

Yep definitely put in a formal complaint

I would respond along the lines of 'I'll make it simple for you! I withdraw my offer and have forwarded your email and my screenshots of your original and amended descriptions to the ombudsman'.

Hope you find another house without issue OP.

What a be!!end. The tone of the email quite dismissive & strong armed.

The fact that they changed the ad shows they know they are in the wrong. Another vote for reporting to ombudsman.

Was myself on the receiving end of a similarly toned email from an EA just a week ago after we raised some concerns with a property we were offering on. Threatened to blacklist us if we pulled out.

Withdraw your offer. This type of blatant dishonesty would make me wonder what else had been glossed over.

Report to ombudsman.

That EA is a fucking cunt.

I'd be backing out. EAs often used to do this, and this is the reason for the recent legislation. That they've now changed the listing speaks volumes. I would also report them.

Hi again!

I was somewhat taken aback by the email, the tone and The rudeness, also the claim that we'd been informed that it was a room dressed as a bedroom.

I'm angry that after that extremely rude correspondence, the listing was changed. As someone with very little experience I did start to doubt myself but actually I feel that the company, which isn't a national chain, have behaved particularly badly, from the initial problem right through to my the response to my earlier email when I asked for either a reduction in price or for the vendor to put right the works undertaken.

I didn't know that the seller was an architect, and after some thought I feel that this is even more deceptive as they would certainly have known it wasn't a 4 bed and should have requested that it was advertised as the 3 bed it legally is.

I am absolutely boiling on your behalf at that email, OP. Apart from anything else, the decision whether or not to accept a lower offer isn't his - it's his client's. I would write to them, formally withdrawing your offer and informing them of your official complaint to the ombudsman, supported by evidence that they have revised the listing.

I would also not trust them to tell the vendors the truth about why you are pulling out, and I would send a CC of the letter directly to them, personally. I think it's unlikely that the vendors are innocent in this but they do need to know how their EA is behaving.

@JanetLovesJason I have to agree - certainly not a people person I'd say! Also not going to win businessman of the year!