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Buachaill, Barrister
Category: Property Law
Satisfied Customers: 13114
Experience:  Barrister 17 years experience
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An estate Agent and seller have described a property as 3

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An estate Agent and seller have described a property as 3 Bed. My surveyor has found that it is only a 2 Bedroom property as the third bedroom is a loft conversion (with no building regulation certificate) and which fails building regulations on many aspects. If I withdraw from the sale can I recover my costs to date?
JA: Have they talked to a lawyer about this? What country do they live in? If different, what country does this legal question relate to?
Customer: Seller and buyer and property are all in England.
JA: What steps have been taken so far?
Customer: My house is in the process of been sold, a buyer found and solicitors well advanced with the sale. The house I am buying has not yet reached exchange of contract. Surveyor report received today. Report indicated multiple problems.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The seller was asked at time of viewing if the loft conversion complied with planning an building regulations and I was informed that all work had been carried out correctly.

Welcome to JustAnswer! I am your Expert and I am pleased to answer your question.

Customer: replied 11 days ago.
Can I hold anyone responsible for my to date costs?

1.  The first thing you need to realise is that because your purchase has not reached the stage of exchange of contracts, you can withdraw from it, without loss, because there was an unlawful misrepresentation about the number of bedrooms in the property you were buying.  However, be aware that because contracts have not been exchanged, you will not automatically get back your costs of your solicitor who has worked on the matter.  Instead, you would need to sue the seller for your costs on the basis of misrepresentation and receover from them in that manner.  Be aware that it is an actionable misrepresentation that a bedroom has been completed in terms of planning and building control when it hasn´t in fact been so. So, you have an actionable misrepresentation against the seller.  You should get the solicitor acting for you in the sale to initiate proceedings for this against the seller.  Ultimately, the seller will probably seek to settle these proceedings by paying you a proportion of your costs to date.  Whilst full costs might be due, these are rarely paid, as most cases settle.

Customer: replied 11 days ago.
Cannot call, I am 83 yrs old and profoundly deaf

2.  There is  no need to call.  Text messaging is just fine.

3.  If you require any clarification or if there is any other issue arising from the answer, I am happy to help further and make clear any point you are unsure about.

Customer: replied 11 days ago.
I feel I have been grossly mislead and although the problems have been discovered before completion I would like to recover what ever costs I can.

4.  Get your solicitor acting in the sale to make that clear to the seller and get the solicitor to send a bill for the costs to the other side.  This is what you have to do to recover your costs of the aborted sale.

Customer: replied 11 days ago.
Thank you for your most helpful reply.

5.  You are welcome! Glad to be of assistance.  Have a good day.

Buachaill and other Property Law Specialists are ready to help you