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Original poster

Misadvertisement of property

105 replies

WhispersAnonymous · 21/01/2021 12:24

Hi! I need some advice.

I am in the process of purchasing a property, the asking price was £300k they accepted my offer of £285k. The mortgage valuation came back as £285k. The property was sold as having a garage en bloc. But it has now turned out that the garage isn't owned and you have to rent it off the council and there is a waiting list. I want to reduce our offer as the seller was clearly trying to get away with us not finding out about the garage. How much do you think I should reduce? Without the garage there is not much parking and it is all on the road. Thanks in advance!

OP posts:
northbacchus · 21/01/2021 16:01

If you're not pulling out OP, I'd be getting a thorough survey done, if you haven't already! Have you spoken to your solicitor yet?

Outdoorsywithgin · 21/01/2021 16:02

Depends what the location is, but around here garages go for a minimum of £18k with many £20k+.
As for everything else, including solar panels, boiler, FENSA etc, if you do proceed make sure you have documentation for EVERYTHING.

Outdoorsywithgin · 21/01/2021 16:02

And yes, get a survey!

unfortunateevents · 21/01/2021 16:04

You absolutely must get the paperwork for the solar panels, I am surprised that your solicitor hasn't asked for it, in fact I am sure they will have asked for it - and presumably not received it? Are they missing other paperwork for the property?

Imiss2019 · 21/01/2021 16:09

I was already leaning towards saying walk away but now you've mentioned the solar panels I would definitely say pull out.

There's lying by omission and buyer beware etc. but this is outright deception on their part.

PurplePansy05 · 21/01/2021 16:16

Solar panels are a minefield! If they didn't check the garage status (or did and lied about it) I personally would have no trust whatsoever in them when it comes to solar panels, OP. I'd run.

PegasusReturns · 21/01/2021 16:20

The solar panels are potentially bigger issue than the garage - you need to know exactly where you stand with those.

mumwon · 21/01/2021 16:21

What does your solicitor say?
I would say you offer a lot less at least £20000 under or you will pull out send email to estate agent

Lurkingforawhile · 21/01/2021 16:24

Agree with others about the solar panel. But you say there's a waiting list for the garage, so has it been not used since the previous owner died? Or had the vendor been paying the rent on it. If it's a lease it may be assignable eg on condition that it stays in use by the owner of the same address.

GrumpyHoonMain · 21/01/2021 16:28
  1. Solar panels are rarely owned outright.
  2. If you love the house then I would just go in at 30k less to start negotiations and if they don’t reduce by what you require then pull out.
  3. It’s not the estate agent’s job to find all this stuff out it’s your solicitors. I suggest keeping your EA on side actually as they may be more willing to show you unlisted properties if you pulled out.
mumwon · 21/01/2021 16:28

re solar panels a few years ago there was a company round our way renting rooves - but you didn't get the storage use of the electricity - I think it went to the grid?
You urgently need to find out about this because it could be bad news for some mortgage brokers in the future if you resell house
I am wary about solar panels - what happens if you get broken tile underneath or they damaged the roof when installing them?

tired2021 · 21/01/2021 16:43

OP if they've lied about this there's every likelihood they will lie about other things. In your shoes I would either

  1. Directly pull out. Tell the EA exactly why. Advise you have no ill feelings against them but are concerned the seller misled you to such an extent. Enquire about other properties.
Or
  1. Phone the estate agent and tell them if they don't have the "manager" on the phone by (insert time/day) you are withdrawing your offer and looking for other properties with other EAs. If they don't get back to you, do it. If they do get back to you advise;
a) You will be making a revised offer once your further checks are complete b) Those checks will include a detailed property survey. You also want the full paperwork relating to the solar panels by (day/time). Add any other anomalies they've tried to bury here c) the offer you make will be final, non-negotiable as you have been misled and wasted enough time. If any of the above are not acceptable, the offer is withdrawn. They've tried it on and got caught - fortunately for you
PurplePansy05 · 21/01/2021 16:50

I was going to say, pretty sure that solar panels may cause mortgage and insurance issues, perhaps someone with more experience in this could help.

WinstonmissesXmas · 21/01/2021 17:00

Don’t even bother with the agent. Use your solicitor. Pull out, what jokers!

Original poster
WhispersAnonymous · 21/01/2021 17:20

They have said they are unwilling to move on the sale price so we are viewing another property tomorrow and will advise the agents that we want 10k off take it or leave it.

OP posts:
Outdoorsywithgin · 21/01/2021 17:26

Tell them to go to fuck

LIZS · 21/01/2021 17:27

What % is 10k though? How much is the garage rental?

user1471538283 · 21/01/2021 19:02

I would go back with £20k drop because that is what it will cost you to build a garage. It is outrageous that they've lied like this.

I don't know anything about solar panels.

I know with our last house I should have pulled out. The vendor and his aggressive EA were a nightmare from the beginning and tried to blackmail me. The house needed virtually rebuilding and he left 3 skips full of rubbish.

I'm pleased you are looking at something else.

Africa2go · 21/01/2021 19:12

OP if your solicitor got office copy entries from the Land Registry (as they should have done right at the start) it will have a plan showing what land is included in the title of the property? Have you seen that?

If the Council owns the garage, presumably the land it sits on doesn't belong to the house either?? Does the plan of the property look as though it includes the land??

ballsdeep · 21/01/2021 19:15

Would the use of the garage be on your property? Would they have to drive on your driveway to access?

Veterinari · 21/01/2021 19:15

10k seems cheap for a garage
I'd pull out.

SpaceRaiders · 21/01/2021 19:22

If it is probate, then the person selling probably wasn't aware the garage was rented, if it has been for as long as the deceased lived there.

This. Meh it’s not a huge issue mistakes happen, I doubt the agents will take responsibility for this. That’s why you pay your solicitor, to protect your interests. Whilst I sympathise with the inconvenience, reduce your offer by 10-20k depending on where you are in the country or withdraw from the sale and start again.

MadeForThis · 21/01/2021 19:28

All sounds very slippery and dodgy. If they won't accept £20k less then walk.

Regularsizedrudy · 21/01/2021 19:49

I would knock 10-15k off, the cheeky sods!

Original poster
WhispersAnonymous · 21/01/2021 19:57

Yeah we will see what tomorrow brings and go from there. Cheeky shits

OP posts:
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