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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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If you are purchasing a property which turns out to be

Resolved Question:

Hi,
If you are purchasing a property which turns out to be in a Conservation area, should it have been disclosed to you at the time of placing an interest in the property as part of the marketing arsenal or at least at the time that you made an offer, rather than waiting until your conveyance company issued searches to you that they had carried out as part of there job.
Is there some law or regulation which requires this to be done?
Thank you in advance for you assistance
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  Buachaill replied 1 year ago.
1. Failing to inform you that a property was within a conservation area is a misleading omission within the meaning of Articles 6 & 7 of the Unfair Commercial Practices Directive 2005 as it mislead you as to what y ou were buying by omitting an essential fact. In essence you bought under misapprehension about a material issue.
Expert:  Buachaill replied 1 year ago.
2. this Directive prohibits unfair commercial practices by a business, such as an estate agent to a consumer, such as you, when you are dealing with them. Here the estate agent acted unfairly in failing to disclose the location of the property in a conservation area when you first expressed an interest.
Expert:  Buachaill replied 1 year ago.
3. Accordingly, you should get your solicitor to seek to either obtain damages from the estate agents for this misleading omission or else to seek to withdraw from the sale agreement on the basis of the misleading omission.
Expert:  Buachaill replied 1 year ago.
4. Please RATE the Answer as unless you RATE the Answer your Expert receives none of the money you have paid the website so there is no incentive to answer any further questions.
Customer: replied 1 year ago.
Very informative and to the point answer
Thankyou
Expert:  Buachaill replied 1 year ago.
5. Please RATE the Answer.
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