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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have recently completed a purchase on a 2 bedroom house,

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I have recently completed a purchase on a 2 bedroom house, whilst looking at houses, my main criteria was that PARKING was a must, even ahead of a garden.
When we went to view this house in question as it met this criteria it had the a nicely landscaped drive with a car parked on it too.
Since we have now moved in, i have now been told that it is actually illegal to park on this drive as it doesn't have a dropped kerb. Despite the fact that the house was sold to me with having off street parking i still took upon myself to contact the council and was willing to even pay for them to drop the kerb out of my own pocket.
Unfortunately the council have now refused the application as it doesn't meet their requirements for a dropped kerb.
Can you please advise on if i can hold the estate agents/ my conveyancer or the seller responsible for this as i have been mis sold this property?
The Law society Property information form even states that this house has off street parking whilst the Estate agents particulars for the house also advertised it as having off street parking.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know the cost of putting in a dropped kerb
Customer: I didn't actually get given a quote as it failed on the first criteria, however if it was successful it will be in the region of about £1500-£2000.
Alex Watts :

You need to get several quotes as this forms your loss.

Alex Watts :

You need to write and set out your losses and request a refund from the seller 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: or by completing form N1 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 for trial.

Can I clarify anything for you about this today please?

Customer: Hi Alex,
Customer: thanks for for your response below, but excuse my ignorance but I am not sure I comprehend fully.
Customer: Are you saying that I certainly have a case?
Customer: what I am suing the seller for exactly?
Customer: lastly I have no forwarding address for them?
Customer: regards
Customer: toks
Alex Watts : I think you have a case, if it was represented you have parking and you do not and it costs £1500-£2000 to put right then you have a case.
Alex Watts : You need to ask your solicotor to ask their solicotor for an address
Alex Watts : Does that help?
Customer: Thanks for this however the £1500-£2000 that I quoted is for the costs to the council to get the kerb dropped.
Customer: currently the drive doesn't actually meet their requirements for it to be drooped, the whole front of the house including the drive will have to be reconstructed for it to even be considered!
Customer: this will run into thousands of pounds.......
Alex Watts :

Ok - well if the claim is for £10,000 or less then that will be a small claim and you ideally want to keep it as a small claim

Alex Watts :

Does that help?

Customer: Yes it does, however what I have contradictory now is that my conveyancer doesn't think I have a chance if success, because they didn't try to hide the fact that the drive didn't have a dropped kerb.
Customer: and as such the onus was on me to have actually observed this and reported back to them any anomalies.
Customer: she mentioned something of the sort "caveat emptor"
Alex Watts :

If you made it clear this is what you wanted and it was described as such then you have a claim

Alex Watts :

Does that clarify?

Ash and other Law Specialists are ready to help you