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propertylawyer, Solicitor
Category: Law
Satisfied Customers: 288
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I bought a property at auction which was described as two

Customer Question

I bought a property at auction which was described as two bedroom and bid for it. After looking at the floor plan and gaining access to the property I realise it was one bedroom and the seller have moved the kitchen to the living room to make it open space kitchen and used the original kitchen as another bedroom. But this kitchen turned bedroom doesn't meet the government single bed floor space and therefore demanding my deposit back and pull out of the sale as I see this as misrepresentation in the description of the property.
I have emailed the auctioneers who have passed on the information to the seller and his solicitors who have not yet commented on my email as at yet. Do I stand a chance to get my money back at all.
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

There was a case, pankhania V London Borough of Hackney (2002). this case involved a description of the property as being let on a monthly licence. however there was evidence that the selling agent new the licence was almost certainly a protected tenancy and the tenant intended to assert it's rights against the buyer. it was held that damages were payable to the buyer as it relied on the misrepresentation in the auction catalogue when bidding for the property.

There is a potential claim but each case turns on its facts and I could not guarantee on the brief facts what are your chances of success if you were to pursue this. a litigation specialist would need to review the documentation and facts to assess your case and chances of success.