Discussion in 'Finance, Property, Law' started by Enigma266, Sep 30, 2009.

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  1. I am currently in the process of buying a repossessed property. However, now it has come down to it, it would appear the muppets never actually repossessed the whole of the property! There is a flying freehold of an airing cupboard and on the title this is pointed out as being "first floor rooms only". However, Muppets Inc, seem to have misread this as the title being first floor rooms only! It clearly states that this is a freehold property on the title and obviously there is no external access to the first floor.

    My question is, if the vendors solicitors keep refusing to change the contract then the sale will not proceed, will I have sufficient evidence to reclaim all my expenses occured to date? My solicitor says yes but it will cost me to prosecute as Muppets Inc will just continue to be unhelpful as they are currently. As far as I am concerned this would be a misrepresentation of sale and I should be entitled to my money back. I wont be able to afford to take them to court should that be my only option.

    All advice gratefully received.
  2. Bad luck!

    This is a case for the Small Claims Court, isn't it? I have no experience thereof but I understand that it is cheap and cheerful.

    Google shows this...

  3. Hols4Heroes

    Hols4Heroes War Hero Good Egg (charities)

    They will or should be as eager to sort this out as you are.

    They won't be selling the property with this hanging over it, to you or anyone else.
  4. Show the estate agent's literature to Trading Standards and ask for advice?

  5. Sounds like miss-selling to me, but I'm no expert. I would have also thought that if you take them to court over this (miss-selling), then they would not be able to re-advertise the proprerty until conclusion of the case.
    And court cases can be strung out esp if you start p1ssing them round as much as they have you, may be worth mentioning that to the opposing solicitor via yours.

    Just fight as dirty as they have :wink:
  6. the_boy_syrup

    the_boy_syrup LE Book Reviewer

    Is it in York

    Property opposite my mums was rep'od and a Soldier has bought it

    Is it you ?
  7. Well, I must admit that the sale of the property is currently going nowhere. They actually dont seem concerned about selling the property at all, and never have. I would have thought they would be desperate to get rid yet unfortunately, they are just being knobs about the whole thing and refusing to even issue a copy of the HIP! All they are doing is sending a link which you are unable to view. Upon request of a pdf format of the HIP, that too was met with the standard "shove it" response from these loons. They havent answered any of the questions posed so far. The only reason I am sticking with it is because its comfortably within budget and I have already spent £1.5k. Plus I am in no real rush.

    Lits, small claims could be looking good if they dont play ball and it all goes completely pear shaped.
  8. Not me. Im a long, long way from York! :lol:
  9. It's subtle psychology you're needing there, Enigma, my man. Get thee round to the offices of Numbnuts'R'Us and ask for a one-on-one meeting with the wallah responsible.

    As soon as you're alone with him, ram him up against the wall hard and clutch his nuts in a death grip. Tell him you know where he lives and you know where he works, and if the matter isn't sorted toot de three-piece-suite, you will seriously fück him up. It's amazing what you can achieve by the judicious use of threats of violence, innit?

  10. I have just purched a repo house in new york, im turning it into a gay bar.
    Do you think your mum would mind????
  11. The agent involved was almost certainly unaware that the repossession was cocked up however; they still have a duty of care to you and MUST provide a HIP or a link to one that works. Failing to do so can lead to a £200 a day fine for every day they fail to provide one.

    If they have advertised the property has giving accommodation that it does not again, they will be able to claim, fairly in my view, that they had ‘reasonable grounds’ to expect the property to be sold ‘as it appears’ and could not, reasonably’ have been expected to know of the legal problems. That bein said, it is a material misdescription, as defined in the 1991 Property Misdescriptions Act and, as such, the Trading Standards Office should be taking a close interest. You MAY be able to claim costs back from the agent via the Ombudsman scheme (to which they must belong) BUT you need to exhaust the agents internal complaints procedures BEFORE you can complain to the Ombudsman.

    My advice would be to speak to the manager or area manager (if one exists) of the agents involved and explain that you understand that the repossession company has put them (the agents) in a very tricky position but that the responsibility remains with them to sort this and that you wish to be recompensed for your losses to date. I would also add, politely but firmly, that if you do not receive the service and response that you want that you will involve trading standards, the NAEA (if they are members) and, ultimately, the property ombudsman scheme as it is now called. Good luck. PM me if you want further advice and/ or with the agents name (I may have a contact in the area who could offer specific help)
  12. Old colt, thats just the kind of advice I have been after. Thank you. Now this property has obviously fallen through and I have now found another one which should be less problematic, however, I have spent £500 on a survey plus solicitors fees on the previous property. The estate agents realise there is now a huge problem as they are saddled with a property they cannot sell!

    Will drop you a PM shortly.

  13. pm sent back in return :)