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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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we recently bought a property advertised in estate agents particulars

Customer Question

we recently bought a property advertised in estate agents particulars as set in 'approx. 14 acres of land.'. having bought the property it has come to light that the total acreage is less than 8 acres. We have investigated the legal docs and land registry plans supplied by vendors solicitor and there is no mention of the acreage.It merely refers to the land outlined in the land registry plan. We have contacted Trades description who have advised that this is a criminal offence. Our own solicitor who dealt with this transaction affirms that as there was no mention in the contract of acreage ,merely a ref to land registry plan [part of the contract), that they have discharged their legal duties properly. As we based our valuation on 14 acres and would not have paid the same purchase price had we known the correct acreage, Is it worth pursuing a claim against the estate agent representing the vendor Thanks ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Michael my name is ***** ***** I will help you with this.
Alex Watts : Did your solciitor not carry out searches to establish this before contracts were exchanged?
JACUSTOMER-3l7sbclg- :

When invited in to sign the contracts by my solicitor, he showed us the land registry doc with the title no accompanying, on which was outlined the land accompanying the property and asked if this was the land we were purchasing . We checked carefully and agreed that this was correct. There is no mention on this or the contract of 14 acres . The only ref to 14 acres was the estate agents particulars . We relied on this info to arrive at our valuation and eventual purchase

JACUSTOMER-3l7sbclg- :

Alex . To answer your Question. The answer is yes to the best of our knowledge our solicitor did the necessary searches before we signed contracts Miike

Alex Watts :

Ok, do you know it wasnt picked up by your Solicitor?

JACUSTOMER-3l7sbclg- :

There was nothing on the contracts or the land registry docs to indicate acreage. The only ref to acreage was onestate agents on line particulars,. Asfar as i am aware he had no sight of this

Alex Watts :

What is it you want to achieve? How much do you want to claim?

JACUSTOMER-3l7sbclg- :

Based on approximate average grazing land prices there 7 acres would be around 60k plus pounds. We would not expect to claim this amount. However we would hope to claim amin of 20k pounds .from the Estate agentThis amount would be covered by a small claim..If you thought we had an excellent chance of obtaining more and winning costs we would like to go . We see the 20k route as a good compromise without risking heavy costs

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation . More than £10,000 then you need a Solicitor to represent you at trial as there are court procedures and rules to follow.



Can I clarify anything about this today please?

JACUSTOMER-3l7sbclg- :

Isnt the max claim now 20k pounds

Alex Watts :

No. Up to £10,000.

Alex Watts :

Does that clairfy?

JACUSTOMER-3l7sbclg- :

Yes. What do you think of our chances a) pursuing claim larger than £ 10000 getting judgment and costs or B) A successful small claim and which route do you advise--Mike

Alex Watts :

a) There is always a litigation risk. I cant say what your chances are as I have not seen all the evidence and I do not know what the other side have to say

Alex Watts :

b) With a small claim if you lose then there are no legal costs to pay. If you lose above £10,000 you are liable the legal costs of the other side.

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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