Agent did not disclose material information - anything I can do?

[Nomorediy]

Hi there,

Anyone have a view or experience to share on what to do when an agent hasn't disclosed material information.

I pulled out of a property purchase because it was only at the survey stage that material information (per trading standards for estate agents) was revealed. Broken roof causing internal water damage. It had been painted over before in time for viewings. After I offered there was heavy rain, and luckily that was before the surveyor went in and discovered the main roof and extension roof needed replacing.

The cost of the roof repair alone, per a contractor who did a really extensive quote using drone camera, was going to be around 30k. Add on replastering etc, who knows.

Anyway, I pulled out. I did not exchange contracts so I do not have a negligence claim against the agent, my solicitors advised.

However, the cost of the aborted purchase was quite significant. Almost 1k for survey and legal searches and advice. And the National Trading Standards material information guidance for selling estate agents says a listing - eg on Rightmove - must include additional information about building safety issues, such as damaged roofs (link and extract below).

The agent I dealt with on the aborted purchase has relisted the property at exactly the same guide price and once again not disclosed the roof damage on the online listing. Potentially they are now telling prospective buyers this, but the Trading Standards guidance relates to the actual listing itself.

Anyone have a view?

www.nationaltradingstandards.uk/uploads/Material%20Information%20in%20Property%20Listings%20(Sales)%20v1.0.pdf

Your solicitor has already given you legal opinion - that's the correct advice.

Unfortunately this is the house buying system we have in England.

If you campaigned to change the legal system we have around house buying, I think many would agree with you but you'll get nowhere trying to sue an estate agent - they have not broken any contract or T&Cs with you.

I’m not quite sure what you’re asking.

You’ve been given advice by a solicitor, you don’t have a case to claim.

Having had dealings with trading standards, they are a total waste of time.

The whole system of purchasing and selling a house absolutely sucks and needs a massive overhaul, but until then…

Would it be worth at least pursuing a goodwill compensation payment?

I could inform Rightmove the listing lacks material information. This apparently means the agent can't be on the platform for a while.

I wouldn’t pursue this OP. That is the whole point of a survey. You paid £1000 which revealed a £30k problem, so you pulled out. That’s what you paid for.

Properties on RightMove never have ‘problems’ included, no house would ever sell. Some of those in obvious need of updating have ‘would benefit from updating’ ‘huge potential for a project’. But you never see Estate Agent listings with ‘new roof required’ ‘in need of complete re-wiring’ ‘central heating knackered’.

I don’t think you’ve got a leg to stand on here, estate agents don’t check roofs, that’s what your surveyor is for.

Just concentrate on finding another house to buy, this is a massive distraction that won't get you anywhere or satisfy anything.

I say that as someone who has just embarked on the 4th house buying, 3 sales fell through, at least a few grand 'wasted' not to speak of a whole year and a half of time.
Don't waste your time and energy on this.

You've not got a claim - this is the reason for having a survey so that you have information that a surveyor can provide and make informed decisions based on that. Not all buyers would have pulled out, that was your decision. It's wasn't for the agent to find out that information to give you if it didn't know - and you have no loss if they are continuing not to give that detail now they do know as that loss would be the new interested buyer not you - that is assuming you have provided them with a full copy of your survey?? As if not they do not actually know, only have your word for it and many buyers make up things or exaggerate to renegotiate or find reasons to justify pulling out, that's not for the agent to verify

So section C (which it would be covered by) clearly says it does not expect the agent to be qualified to know about such things hence getting in a surveyor which you did and is your responsibility

in terms of relisting it then becomes whether it is at risk of collapse

the estate agent is just that an agent between the buyer and the seller

Anyone who pulls out of a purchase when searches, surveyors and other fees have been paid for, is out of pocket. That just part of the system we have in this country.

By all means write to the agent and complain but I very much doubt you'd get any money off them

You don't have a leg to stand on.

Your survey did exactly what its for but its YOUR survey not the EA/owners. You could tell them any amount of bollocks (and lots of people hyper exaggerate faults looking for discounts) they don't have to just believe you and take your word. That's not what is meant in the laws you are quoting, you seem to be misunderstanding how the industry works.

If you want the house its your job to fix the roof (you can ask to renegotiate the price) but you decided you did not and thus choose to lose the money you spent. Any house you buy will come with issues, your not buying a perfect product.

I have lost money when the person who listed the house for sale was not even owner and could not proceed to sell it and still had no legal claim for my money back, so why do you think you get money back from CHOOSING to pull out?

1 in 3 house sale fall through, you can buy insurance but frankly that wouldn't have covered you in this case either.

Nothing to see here. You've just described the normal process of house purchasing in the UK. You will have viewed the property prior to putting in an offer. If you didn't spot any issues, why do you think the EA should have? They don't go into the loft and open cupboards or inspect the utilities.

I suggest you educate yourself a bit more on the process before embarking on another purchase. Sources such as YouTube, ChatGPT, conveyancing sections on law sites, plus loads of other sites you can find on Google will assist in outlining the process and people's responsibilities within it. You can also take out insurance to protect against sales falling through.

Also how big is the roof that its 30k fix, thats above a worse case (quite rare) scenario. Last house we where buying had severe roof spread with rotted through timbers, EVERYTHING needed doing to make it safe and it was estimated at £25k.

What the law means when it talks about disclosing is that if the previous owner was believed to be brutally murdered just last week by their child sex offending neighbor who has several arrests for selling crack out of his house that they where also in an on going legal boundary depute withs house has insurance recorded subsidence with a sink hole in the garden and has been condemned by the council they cannot 'actively' hide those things when you ask about them etc...

I wouldn’t waste your money or your mental energy on pursuing this any further.

It’s common to find problems in a property at the survey stage, that is the reason people pay for surveys. Roofing issues are not uncommon & the potential buyer either walks away or tries to negotiate a lower offer from the seller ( maybe half the estimated cost) as compensation for the fact they will need to replace the roof.

You should have taken out insurance but you didn't so you have to absorb the costs. Not what you want to hear but that's the correct legal position.

Deleted after reading other comments.

The £1000 is an investment to ensure you find major issues. It did that job and you pulled out. As your solicitor has advised, you don't have a claim. That is your expense as a potential buyer and it has saved you a lot, so served the purpose it exists for.

Welcome to the world of buying houses in the UK. Unfortunately that’s the way it works. Your solicitor has given you the correct legal advice, You don’t have a case against anyone. You just need to suck it up and move on.

@FondantFancyFan- what insurance should the OP have taken out?

OP - do you think that the agent was ‘in’ on the paint & cover up - is that what you’re so annoyed about?

Well ......

https://www.rightmove.co.uk/properties/157839467#/?channel=RES_BUY

"ONLY FOR THE BRAVE! This property is a mess and a total renovation & refurbishment is required."

Love that description especially the garage "which apparently comes with a car inside, although this doesn't work" 😂

That is an auction property though so slightly different and attracts a very different type of buyer

looks a wee bit damp but I kinda love it... bet its got great potential when done.

The Tiffany blue bathroom suite is fabulous.

Its downwards water damage so likely just needs a new roof (or may even just be a burst water tank in the attic had to tell from photos). Then back to brick re-plastering to rectify the damage (along with basic updates like rewire/heating) and a good garden strimming. I do hope they keep the coloured bathroom.

Biggest risk is most likely rotting timber if it sat wet for too long or got fungi. I don't think it looks too bad as a project, as long as theres nothing else hidden its probably quite easy actually compared to some I've seen.

Yes partly. The previous letting agent had emailed the vendors agent about the leaks, patch up jobs etc. They thought the selling agent should be aware. They didn’t want to market this house for sale themselves. I have the evidence. Then again, I’m not keen to embark on any conflict. I’ve had a lot of friends, family and my own selling agent tell me to explore compensation. I think as most say on here it’s probably not worth it . I feel bad that the house has been relisted at the original price, in case any other potential buyers lose money and time over it. It was on for 600k and my surveyor valued it at 550k to account for the repair costs. The seller wouldn’t go down to that and has listed it at 600k again.

The agents in our town all know each other though. Mine said he’d advise his clients to steer clear of this one. He’s told his industry friends too.

That is exactly the sort of honest listing trading standards wants. Then again I imagine that when it’s an auction house the ‘only for the brave’ is part of the charm.