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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There. We have moved in to a property advertised with

Customer Question

Hello there. We have moved in to a property advertised with off street parking.
Having moved in we have found the property was never granted planning for the ops and our "driveway" is blocked daily.
Do we have grounds under the 1967 misrepresentation act to move?
Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know when you moved in and when you found out about the parking?
Customer: replied 2 years ago.
Moved in 30th September.
Found out the next day.
Since then the drive is blocked daily and it has become unbearable.
Expert:  Ash replied 2 years ago.
Do you know who blocks your drive?
Customer: replied 2 years ago.
No. Random cars. We live close to a town centre.
Expert:  Ash replied 2 years ago.
Ok. In order to claim misrepresentation you must have relied on this sole representation to sign the property. That means you were not concerned about the location, interior or anything, just the parking. If this was the sole resin for signing then you can terminate.

Otherwise your claim is for breach of contract in damages only. To be clear in order to cancel the contract you need to show you signed the agreement only because of the parking.

If you wish to issue proceedings to get your money back I can outline how to do that if you wish?

Can I clarify anything for you about this today please?

Expert:  Ash replied 2 years ago.

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.