A seller does not have to disclose anything in relation to a property unless they want to. The only requirement on a seller is that if they do provide information to a buyer, at the buyer’s request or otherwise, it should be accurate. Inaccurate information can give rise to allegations and claims of misrepresentation.
Good day. I put offer 140k last November in 2020 for new property to buy. Estate agency provided my own broker who helped me within one week get mortgage (application) which been approved by bank without any problems and solicitors who contacted with me immediately to start process of buying. After that time when when everything was in place I did asked broker did she informed agency on what stage we are and everything is OK?After her call to agents agent called me that property was sold to someone else who put higher offer. To day I have found on rightmove website property was sold for 140k so they lied to me. Unfortunately from agents I don’t have any document with my offer apart documents from broker with mortgage application and some emails from solicitors who wanted start my case. Is it to possible to sue agency now having broker as witness? Regards Karl
Thank you for your comment. It appears that you had agreed in principle to purchase a property but that sale failed when a seller instead accepted a higher offer, or so you believed. Unfortunately since from what you have said this was before the exchange of contracts it is unlikely there will be a claim open to you. This is because all these negotiations will very likely have been subject to contract and as no contract was ever entered into, there is not likely to be any binding legal relationship between the parties.
I appreciate that you consider that you have wasted time and effort in this but I am afraid this cannot form the basis of a claim.
Apologies if this is not the correct forum but I am hoping to gain some advice. I am currently experiencing a dispute with my neighbours involving a driveway. When I purchased the property last year there was nothing declared around boundaries, rights of access, parking restrictions or previous permissions being stopped under the planning act. It’s come to our attention that apparently our neighbours own the airspace relating to the road directly outside of our property which is being declare adopted highway by our local authority; however our neighbours are stating otherwise which the local authority is having to investigate. They are therefore contesting our driveway which we were granted planning permission for by our local authority as they are viewing that is their land and that they hold parking rights. I have also been issued a license to change the current dropped kerb that is outside our property but have been told by the local authority not to proceed with this until there is some resolution. How does this stand if I am prevented from using my driveway for its intended use? It sounds ludicrous that I am unable to gain access to my own property as I am technically crossing their land everyday just to walk into my own home.
Thank you for your comments. While we are unable to give specific advice in these comments, whether or not there is a claim or legal action that you can take to enforce your right of way or to park or ensure that it is preserved will depend on what exactly the documentation states. This documentation may include Land Registry office copy entries but also previous conveyances or transfers of the land which may have affected exactly what rights each party owns over which areas of land. In addition, there may also be an implied easement permitting access which has arisen over time.
This is not something that we would definitively be able to determine without having properly inspected the relevant documentation. Please feel free to telephone our Litigation team at the Braintree office for a discussion in complete confidence, and they may be able to go through this with you more thoroughly and determine what action can be taken, what the likely prospects of success are, and what the likely costs of taking that action would be.
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Am I obliged to point out to my buyers that the front door is narrow and may have to be removed to get furniture into the flat? Thank you
A seller does not have to disclose anything in relation to a property unless they want to. The only requirement on a seller is that if they do provide information to a buyer, at the buyer’s request or otherwise, it should be accurate. Inaccurate information can give rise to allegations and claims of misrepresentation.
Good day. I put offer 140k last November in 2020 for new property to buy. Estate agency provided my own broker who helped me within one week get mortgage (application) which been approved by bank without any problems and solicitors who contacted with me immediately to start process of buying. After that time when when everything was in place I did asked broker did she informed agency on what stage we are and everything is OK?After her call to agents agent called me that property was sold to someone else who put higher offer. To day I have found on rightmove website property was sold for 140k so they lied to me. Unfortunately from agents I don’t have any document with my offer apart documents from broker with mortgage application and some emails from solicitors who wanted start my case.
Is it to possible to sue agency now having broker as witness?
Regards Karl
Thank you for your comment. It appears that you had agreed in principle to purchase a property but that sale failed when a seller instead accepted a higher offer, or so you believed. Unfortunately since from what you have said this was before the exchange of contracts it is unlikely there will be a claim open to you. This is because all these negotiations will very likely have been subject to contract and as no contract was ever entered into, there is not likely to be any binding legal relationship between the parties.
I appreciate that you consider that you have wasted time and effort in this but I am afraid this cannot form the basis of a claim.
Apologies if this is not the correct forum but I am hoping to gain some advice. I am currently experiencing a dispute with my neighbours involving a driveway. When I purchased the property last year there was nothing declared around boundaries, rights of access, parking restrictions or previous permissions being stopped under the planning act. It’s come to our attention that apparently our neighbours own the airspace relating to the road directly outside of our property which is being declare adopted highway by our local authority; however our neighbours are stating otherwise which the local authority is having to investigate. They are therefore contesting our driveway which we were granted planning permission for by our local authority as they are viewing that is their land and that they hold parking rights. I have also been issued a license to change the current dropped kerb that is outside our property but have been told by the local authority not to proceed with this until there is some resolution. How does this stand if I am prevented from using my driveway for its intended use? It sounds ludicrous that I am unable to gain access to my own property as I am technically crossing their land everyday just to walk into my own home.
Any advice would be much appreciated.
Thank you for your comments. While we are unable to give specific advice in these comments, whether or not there is a claim or legal action that you can take to enforce your right of way or to park or ensure that it is preserved will depend on what exactly the documentation states. This documentation may include Land Registry office copy entries but also previous conveyances or transfers of the land which may have affected exactly what rights each party owns over which areas of land. In addition, there may also be an implied easement permitting access which has arisen over time.
This is not something that we would definitively be able to determine without having properly inspected the relevant documentation. Please feel free to telephone our Litigation team at the Braintree office for a discussion in complete confidence, and they may be able to go through this with you more thoroughly and determine what action can be taken, what the likely prospects of success are, and what the likely costs of taking that action would be.