Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : I assume the buyer had an opportunity to get quotes before purchase?
Yes. The buyer also instructed a builder to look at a chimney.
Alex Watts : And it was not a condition of the sale that the buyer could get it done for £x?
Alex Watts : in that case you have nothing to worry about,
Alex Watts : The cost was not a condition of the contract
Alex Watts : Further the buyer could have gotten his own quotes before proceedings.
Alex Watts : Therefore he knew or could have known before he purchased.
Alex Watts : As such there is no liability on you.
Alex Watts : You have nothing to worry about and it is a matter for the buyer,
Alex Watts : Can I clarify anything for you about this today please?
If the buyer relied on the agents verbal statement that we had received a quote for £x, which it seems they did, could the agent be liable?
Alex Watts : I don't think so - he was agree to make his own enquiries and really he should have done. It's not excuse for him rally.
Alex Watts : really
Is misrepresentation an issue here?
Alex Watts : I don't think so - because all matters are subject to contract.
Alex Watts : Therefore it does not form part of the contract.
Alex Watts : It was not a term of the contract about getting it done for £x price.
Alex Watts : You need not worry,
Alex Watts : Can I clarify anything?
Alex Watts : In any event even if the statement was misleading it would have to be the sole purpose the person signed the contract, I can't imagine the only reason he brought it was based on the figure quoted, therefore it's not misrepresentation.
So the buyer should have ensured that anything like this was confirmed in writing through the solicitors
Alex Watts : Yes indeed. They were free to do so.
Alex Watts :
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Alex Watts :
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What about the Property Misdescriptions Act?
Alex Watts : This is not, this is where something is described, for example as being 3 bed with gas and it turns out not to have gas.
Alex Watts : This is something the buyer could have gained quotes, made his own enquiries but did not.
Alex Watts : Does that clarify?
I mean't the Misrepresentation Act. From what I understand, saying to an agent that someone has verbally quoted you
£x for some work to be completed could be deemed as innocent misrepresentation if this is relied upon by
Alex Watts : The misrepresentation act is where you give a statement which is false and induces someone into a contract. Here the sole purpose of the property would have been the land and the cost of getting the work done. This is very unlikely. Therefore any claim would fail.
Alex Watts : Does that clarify.
Where you say 'the sole purpose of the property would have been the land and cost of getting the work done', I dont understand what you mean
Alex Watts : It only applies for the substantive part of the contract and must be the sole purpose for entering it.
Alex Watts : Ok. If the sole purpose of the contract was to get a car park done for £x then this would be misrepresentation. But the substantive purchase was for the property, not for the proposed car park. Therefore misrepresentation does not apply here.
Alex Watts : It clearly was not.
Why is the difference between having a place to park a car and not park a car not considered substansive?
Alex Watts : Because the main purpose of the purchase is the property. Not the parking.
Alex Watts : Does that clarify?
Why couldn't it be argued that the main purpose of the purchase is 'the property with an affordable parking option'?
Alex Watts : Because you don't buy a house because if the parking, you buy it because of the house.
Alex Watts : Its possible to try and argue it was the car park but my view it would fail.
Alex Watts : Does that help?
Yes, I suppose we get back to the point that the property was sold with planning permission to create the parking, not to create it within a specific budget.
Alex Watts : Exactly.
Alex Watts : Can I clarify anything else?
With the contract itself, does the 5th Edition automatically include special clause on verbal representation?
Alex Watts : I deal with contracts.
Standard Condition of Sale (5th Edition)?
Alex Watts : As I said I am not a conveyancing solicitor, I deal with litigation and contractual disputes. I don't know what the 5th edition contains.
Alex Watts : But in any event the buyer or their solicitor as I said previously, should have made enquiries.