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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:
Wyntersdiary · 21/01/2021 19:58

Yeah I would walk if they won't reduce by atleast 15k. Them lying isn't good and doesn't give them a good rep, they could be lying about a lot of things. I would say 15k take it or leave it and then walk away if a no. Just for the principle

Soontobe60 · 21/01/2021 20:03

@WhispersAnonymous

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!

Sounds exactly like the house we bought! (Although ours was much cheaper) We reduced our offer by £5K. But we had to ensure that we could rent the garage ourselves so contacted the council directly. There was a waiting list but not anyone living on the street so we got priority. Did the mortgage valuation assume it included the garage?
GarkandGookin · 21/01/2021 20:05

It's not as easy as just renting the garage though is it? There's a waiting list for garages so the OP might have to park on the road for years before they get a garage, especially if they don't get permission to drop the kerb and put in a driveway.
I tend to cut off my nose to spite my face and I'm very stubborn so I'd be tempted to back out and be very clear as to why.

SlippersForFlippers · 21/01/2021 20:30

In our old town there were garages to rent but there was a waiting list, it wouldn't be guaranteed that OP would be able to rent the garage they don't transfer with the house.

I'd be asking for more than 10k off especially with having no paperwork for the solar panels.

RandomMess · 21/01/2021 20:39

I'd be asking for more than £10k off too. How much will it cost to rent a garage for 20years let alone 30-40 years?

Original poster
WhispersAnonymous · 22/01/2021 10:59

So the plot thickens, when they advertised it with a garage they meant the 4 walls and a roof of a garage not the land or the floor??!!!

OP posts:
SlippersForFlippers · 22/01/2021 11:06

Then it's not a garage to you, it's just a wall.

Imiss2019 · 22/01/2021 11:07

@WhispersAnonymous

So the plot thickens, when they advertised it with a garage they meant the 4 walls and a roof of a garage not the land or the floor??!!!
Oh please 🤦‍♀️ They must think you’re stupid to believe that!! I would really be walking away at this point. Ask them if you buy the house then are you at liberty to remove the four wall and roof without the councils permission seeing as you will own that bit?
RandomMess · 22/01/2021 11:10

4 walls and a roof you can't use because it will go to the next person on the waiting list!!! I doubt they can transfer permission to rent to you.

PowerslidePanda · 22/01/2021 11:12

@WhispersAnonymous

So the plot thickens, when they advertised it with a garage they meant the 4 walls and a roof of a garage not the land or the floor??!!!
Eh? So they're claiming walls and roof come with the house, but the land and floor contained within said walls still need to be rented from the council? Please ask them what proof they have of this bizarre arrangement! Grin
Honeyroar · 22/01/2021 11:22

I bet they don’t own the solar panels either if they’ve not provided proof for them. I’d be inclined to walk away at this point unless it’s a very cheap dream house. They’re not even embarrassed to be caught out.

Africa2go · 22/01/2021 11:30

OP back to the question about the Land Registry plan - what is shown on that?! If it doesn't include the land that the garage sits on, your solicitor should have picked this up immediately?

RainingBatsAndFrogs · 22/01/2021 11:33

So they meant a lease on the garage. But that’s no use if the lease on the garage doesn’t transfer to you along with the house.

Presumably the mortgage valuation was done without the garage? So that's the value, now it matters what it's worth to you

A mortgage valuation merely assured the mortgage co that their loan is safe. It doesn’t always reflect / coincide with market value.

If it is a probate sale the relatives might not have been familiar with all the details. They might just be dim / lax / inexperienced / inefficient.

Don’t make an emotional reaction to their behaviour, do a pros and Cubs if where you are with it and make a decision based on your own priorities, objective and budget.

But I would expect £20k off, IF the house still meets your needs.

Good luck, SO frustrating Angry

C152 · 22/01/2021 11:38

Reading your updates, this sounds more and more like a disaster waiting to happen. I wouldn't even bother asking if they'll accept less money, I would just pull out now and state in writing it is because they lied about the garage and the solar panels (guaranteed you'll find out once you move in that none of them work / weren't installed properly etc.). RUN!

PowerslidePanda · 22/01/2021 11:45

So they meant a lease on the garage. But that’s no use if the lease on the garage doesn’t transfer to you along with the house.

Ah - that makes a lot more sense!

Viviennemary · 22/01/2021 11:47

I'd want to pull out to. Sellers were dishonest leading you to believe they owned the garage. Couldn't trust them an inch.

RandomMess · 22/01/2021 11:50

I would leave a much reduced offer on the table to reflect the garage and solar panels and then start house hunting again.

Every buyer is going to come across this so they may well come back to you anyway. They are being stupid as house prices may drop further with redundancies kicking in and it sounds like you are ready to exchange!

Ohalrightthen · 22/01/2021 12:06

@WhispersAnonymous

Solar panels are owned outright apparently although haven't seen proof of that actually so feel I should chase that up.
absolutely chase this up, check with the land registry to see if there are any "charges" against the property regarding solar panels, and DO NOT BUY if there are.
Lurkingforawhile · 22/01/2021 12:16

Are they suggesting a flying freehold?

Clymene · 22/01/2021 12:19

Yep this stinks. I'd walk away

Lurkingforawhile · 22/01/2021 12:20

I couldn't be more confused about who owns the land, in what capacity, and how the council can lease the land with "your" garage on to someone else in the waiting list!

ItsGoingTibiaK · 22/01/2021 12:43

They will eventually realise that, if you pull out, they will have to remarket the property honestly. Their solicitor and estate agent will now be aware of their dishonesty and have a duty not to be complicit. Even if they change solicitor and estate agent and continue to lie, they know that there are at least three parties who are aware of the truth and likely to report them.

As a result, I suspect they will, eventually, agree to a reduced price - but I would be very, very wary of what other lies they have told you.

PatchworkElmer · 22/01/2021 12:49

I’d pull out too- it’d make me wonder what else they were hiding!

PurpleMustang · 22/01/2021 13:18

Between the 4 walls and a roof and half of working solar panels that you don't know who owns them I would say there are quite a few pitfalls, expensive ones. Did you actually see/view the garage? Surely the EA could be reported to an Obudsman for mis selling or not checking the info. Especially if you lose any money by pulling out.

JustanotherTuesday · 22/01/2021 13:41

Our local council actually bulldozed all their rented garages and housing associations built properties on the sites. The people who had rented the garages for years were not happy. Almost 1000 garages were lost.
I don't know if this could possibly happen in your area.