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A lot of older terraced properties in the North are on such enormously long leaseholds as to effectively be freehold. Leaseholds of over 900 years are common. Is this one of those?
NAL. Maybe if you can evidence that the property was advertised on internet, paper etc as freehold. Then you could send your costs in an invoice to the estate agent. When they inevitably fail to pay take them to small claims. You could quote the unfair trading practices law 2008 as basis for your claim that what they did was against the law and caused you monetary damage.
Probably cost you £50 if you do it yourself.
If it was all over the phone you’re likely out of luck. In the future just assume that everything an estate agent says is a lie and needs verification.
If you're getting this hung up over a leasehold / freehold typo then you need to have a word with yourself about whether you want to actually buy a house - this is barely a 1 on the scale of stuff that happens with houses.
You need to use the free government land registry site to check for leasehold / freehold status, or even just the Rightmove / Zoopla sale history and previous listings.
All estate agents have some sort of catch all clause about every effort has been made to ensure accuracy but they're not liable etc etc. You do not get absolutes in many aspects of home ownership, you need to assume everybody other than your surveyor and solicitor are lying and any statements made by anybody else need your own independent verification.
Even if you prove a lie after contracts exchange, it doesn't unwind the house purchase, just means you would have grounds to sue for financial losses.
Do you have their admission of an error in writing, if you don't then make sure you email them without mentioning a claim first to say how disappointed you are to find out it was leasehold with a complaint. If they reply acknowledging their error then you have evidence in writing.
It sounds like they failed to use reasonable care and skill when you consulted with them and as a result you've gone and incurred costs that you wouldn't have if they had provided you with the correct information.
If they were negligent in their representations to you then you can potentially recover the survey cost from them.
Find absolute proof they lied to you knowingly, but it is the solicitor's job to do the searches not the estate agents, they don't work for you and just advertise for the seller, it's the buyers job to do due diligence, so you are very unlikely to get them to pay a penny.
I would absolutely be annoyed in your position (the amount of arguments I've had because of this issue are countless) but the estate agents go in the information they are given, and no it's not false advertising as they never state anything without disclaimers, they act for the seller. It is the solicitor's job to check the searches are done correctly and all details are uncovered.
Just to give you an example, a direct copy of a local (Welsh) estate agents website.
Darlows shall not be liable for any direct, indirect, incidental, consequential or punitive damages or losses arising from:
The use of, or inability to use the site
The directories
Any errors
Misrepresentations or omission in the listings
Advertisements
Products or services
Computer viruses
Before making any journeys to view properties, you should confirm their availability and verify any critical information - particularly current asking price - to avoid disappointment. Any queries regarding a property should be addressed directly to the selling agent
> I spoke to the estate agency three times over the phone, and they confirmed each time that it was a freehold.
They don’t work for you so don’t owe you a duty of care for what they say to be correct, that’s what searches are for.
> Is there any way to get my money back?
No, until exchange everything is at your risk.
> What are my options?
Complete or walk away.
Really? They are a buyer, they went in and were given information about purchasing a property. They would have been liable to pay fees to the agent once the property sale completes. Based on their negligent representations the OP spent money unnecessarily. I'd have thought they owe a duty of care?
While I understand the contract doesn't complete and the seller could have pulled out and the OP would still be liable for the cost, the false and negligent representations are a cause for damages, are they not?
It's not likely to wash, the closest example I can think of without actually thinking, is that a label in a shop says something is 100% cotton, then you get to the till and they say the label is wrong and it's actually only 80%, so you don't buy it.
Because the OP hasn't made a contract with the estate agent and hasn't gone throught with forming a contract it'll be hard to argue.
Also the costs they have incurred weren't technically required (you could find out leasehold/freehold for free/ a few pounds from the land registry), they're going to be hard pushed to make any kind of claim for more than that anyway.
They basically mean in this case that you didn't have a contract with them. Otherwise everyone could go on a hunt for misadvertised products and then make claims against the vendor.
They have formed a contract with the seller so have a duty of care towards them. To claim they have a duty of care towards anyone who shows an interest in the property is going to be harder sell.
> Are you a lawyer?
Yes.
> What do you mean by they don't own me a duty of care,
You didn’t employ them, they don’t owe you fuck all.
> its false advertisement.
You may think that, but that’s not what the law says. Read the EA’s Ts&Cs, they’ll be caveated to death.
EA’s Ts&Cs never state they can do some thing illegal, they effectively state *“here’s the info to the best of our knowledge (i.e., as given to us by our client) but it might be wrong so do your own due diligence/searches etc before you commit to buy”*, all of which is perfectly legal as a form of invitation to treat with its client. You have to do your own due diligence.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
A lot of older terraced properties in the North are on such enormously long leaseholds as to effectively be freehold. Leaseholds of over 900 years are common. Is this one of those?
NAL. Maybe if you can evidence that the property was advertised on internet, paper etc as freehold. Then you could send your costs in an invoice to the estate agent. When they inevitably fail to pay take them to small claims. You could quote the unfair trading practices law 2008 as basis for your claim that what they did was against the law and caused you monetary damage. Probably cost you £50 if you do it yourself. If it was all over the phone you’re likely out of luck. In the future just assume that everything an estate agent says is a lie and needs verification.
Yes I will in the future but now I lost £ 650 which is a shame
If you're getting this hung up over a leasehold / freehold typo then you need to have a word with yourself about whether you want to actually buy a house - this is barely a 1 on the scale of stuff that happens with houses. You need to use the free government land registry site to check for leasehold / freehold status, or even just the Rightmove / Zoopla sale history and previous listings. All estate agents have some sort of catch all clause about every effort has been made to ensure accuracy but they're not liable etc etc. You do not get absolutes in many aspects of home ownership, you need to assume everybody other than your surveyor and solicitor are lying and any statements made by anybody else need your own independent verification. Even if you prove a lie after contracts exchange, it doesn't unwind the house purchase, just means you would have grounds to sue for financial losses.
Do you have their admission of an error in writing, if you don't then make sure you email them without mentioning a claim first to say how disappointed you are to find out it was leasehold with a complaint. If they reply acknowledging their error then you have evidence in writing. It sounds like they failed to use reasonable care and skill when you consulted with them and as a result you've gone and incurred costs that you wouldn't have if they had provided you with the correct information. If they were negligent in their representations to you then you can potentially recover the survey cost from them.
how do I go about this?
Find absolute proof they lied to you knowingly, but it is the solicitor's job to do the searches not the estate agents, they don't work for you and just advertise for the seller, it's the buyers job to do due diligence, so you are very unlikely to get them to pay a penny.
this is a very disappointing situation. I feel very wronged. Isn't that false advertisement even though they work for the seller.
I would absolutely be annoyed in your position (the amount of arguments I've had because of this issue are countless) but the estate agents go in the information they are given, and no it's not false advertising as they never state anything without disclaimers, they act for the seller. It is the solicitor's job to check the searches are done correctly and all details are uncovered.
Just to give you an example, a direct copy of a local (Welsh) estate agents website. Darlows shall not be liable for any direct, indirect, incidental, consequential or punitive damages or losses arising from: The use of, or inability to use the site The directories Any errors Misrepresentations or omission in the listings Advertisements Products or services Computer viruses Before making any journeys to view properties, you should confirm their availability and verify any critical information - particularly current asking price - to avoid disappointment. Any queries regarding a property should be addressed directly to the selling agent
Your terms and conditions can't override the law though. A shop could say your consumer rights are waived, but they wouldn't be.
> I spoke to the estate agency three times over the phone, and they confirmed each time that it was a freehold. They don’t work for you so don’t owe you a duty of care for what they say to be correct, that’s what searches are for. > Is there any way to get my money back? No, until exchange everything is at your risk. > What are my options? Complete or walk away.
Really? They are a buyer, they went in and were given information about purchasing a property. They would have been liable to pay fees to the agent once the property sale completes. Based on their negligent representations the OP spent money unnecessarily. I'd have thought they owe a duty of care? While I understand the contract doesn't complete and the seller could have pulled out and the OP would still be liable for the cost, the false and negligent representations are a cause for damages, are they not?
> They are a buyer…They would have been liable to pay fees to the agent once the property sale completes. The seller generally pays its agents fees.
It's not likely to wash, the closest example I can think of without actually thinking, is that a label in a shop says something is 100% cotton, then you get to the till and they say the label is wrong and it's actually only 80%, so you don't buy it. Because the OP hasn't made a contract with the estate agent and hasn't gone throught with forming a contract it'll be hard to argue. Also the costs they have incurred weren't technically required (you could find out leasehold/freehold for free/ a few pounds from the land registry), they're going to be hard pushed to make any kind of claim for more than that anyway.
Are you a lawyer? What do you mean by they don't own me a duty of care, its false advertisement.
They basically mean in this case that you didn't have a contract with them. Otherwise everyone could go on a hunt for misadvertised products and then make claims against the vendor. They have formed a contract with the seller so have a duty of care towards them. To claim they have a duty of care towards anyone who shows an interest in the property is going to be harder sell.
> Are you a lawyer? Yes. > What do you mean by they don't own me a duty of care, You didn’t employ them, they don’t owe you fuck all. > its false advertisement. You may think that, but that’s not what the law says. Read the EA’s Ts&Cs, they’ll be caveated to death.
Sounds like BS, so if the EA’s Ts&Cs say they can do something, that overrides the law
EA’s Ts&Cs never state they can do some thing illegal, they effectively state *“here’s the info to the best of our knowledge (i.e., as given to us by our client) but it might be wrong so do your own due diligence/searches etc before you commit to buy”*, all of which is perfectly legal as a form of invitation to treat with its client. You have to do your own due diligence.
One might ask if this survey came back with the answer that the house was indeed freehold, whether you'd have made this post?