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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex, Regarding a failed house purchase. 1. The house was

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Hi Alex, Regarding a failed house purchase.
1. The house was put on the market by sellers through Estate Agents and described as having an integral garage and utility room. The garage was only 10 and a half feet long and therefore only capable of housing an extremely small car and unable to house an ordinary car. Neither the sellers or Redbrik knew that converting part of the original garage space into a utility room leaving a garage only 10 1/2 feet long was against one of the conditions of the original council planning approval. Also the sellers had added a conservatory which needed planning permission as one of the conditions of the original planning permission BUT when it was built it did not comply with Building Regulations.
2. We wanted a house with a garage to use as we wished and would not have considered purchase had we known that according to council the garage could only be used to park a car and nothing else including storage. (Some people said that we could or should have taken the risk. Who checks garages anyway?) CONSEQUENTLY WE WASTED OVER £1000 IN FEES ON A MIS-SOLD HOUSE THAT WE WOULD NEVER HAVE WANTED TO PURCHASE IN THE FIRST PLACE.
3. At one stage we were advised that we could have applied for retrospective planning permission for the garage conversion. This was not an option suggested by our solicitor which casts doubts on whether it was a viable suggestion. Also if the council refused it would have made them aware that such a conversion had already been done and they could subsequently serve an enforcement notice to convert it back to its original state.
4. When search results came back on 17th December 2014, Solicitor stated that from the local search the property had planning entries registered against it relating to the original construction but solicitor did not draw our attention to the conditions of the relevant planning entry.
5. Our Homebuyers surveyor advised us to engage a Building Surveyor / Structural Engineer to further examine a vertical crack running through 24 courses of bricks on an outside wall of the house. Through the person doing this additional inspection we were advised to check regarding how many parking spaces the council had allocated for the property when it was first built.
6. This was raised with our solicitor and led to her checking out the conditions the council imposed when the planning permission was originally granted for the house. She pointed out that possibly there was technically still sufficient room to house a car and therefore we were not in breach of regulations. Having measured the length of our family cars the remaining length of the garage was too small even to house my daughter’s small car. We pulled out of the purchase.
7. By this time we had spent in excess of £1060.00 in fees. With £330.00 solicitors fees still to be added. In total £1390.00. ARE WE ENTITLED FOR ANY COMPENSATION FOR MIS-SELLING?
Yours sincerely,
Graham King
I would rather this was not made available for others to view.
Hello my name is ***** ***** I will help you with this.
Did you not visit the property before purchasing?
Did you have the surveys done before purchase?
Customer: replied 3 years ago.

Yes we visited x3. Truly did not realise at first that the garage had been converted. We had surveys done at same time as searches. We never purchased we pulled out.

What is it you want to achieve?
Customer: replied 3 years ago.

We wasted £1000 in fees for a house which we would not have tried to purchase if we had known the about the garage situation. The sellers and the agents did not know that the conditions of the planning permission had been breached. We wasted our money. Can we get compensation?

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: 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?
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks Alex,

Can you just clarify , do you mean write to the estate agents?

Yes and/or seller

I am just following up on this. Is there anything else I can help with? If so, please let me know.