Misled about floor area and now can't sell?

Misled about floor area and now can’t sell?

11:54 AM, 1st July 2021, 5 years ago 14

My daughter is trying to sell her flat which she bought 3 years ago. The new agents have informed her that the floor area is 27sq m, and that it will not be possible for her to proceed to sell to another mortgage holder if it is below the threshold of 30 sq m, they further inform her that she should not have been given a mortgage on this basis.

The EPC states the floor area is 28 sq m, again below the threshold, she is now stuck with a flat she cannot sell except to a cash buyer for a price below market.

What action can she take to recoup any losses incurred given the mis-selling of the flat?

Many thanks

Graeme


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Comments

  • Member Since June 2014 - Comments: 325

    3:21 PM, 2nd July 2021, About 5 years ago

    Believe the 30m2 “rule” has existed for many years and suspect previous seller aware and thus measurements were on the generous side! I have never trusted sales details and taken my own measurements, which in hindsight would have critical as this flat right on the threshold of being suitable for a mortgage.

  • Member Since January 2018 - Comments: 42

    8:38 PM, 2nd July 2021, About 5 years ago

    can i suggest you contact a RICS surveyor and ask what is the correct method used to measure

  • Member Since August 2016 - Comments: 1190

    8:44 PM, 2nd July 2021, About 5 years ago

    Lenders valuation report asks for the gross external area.

  • Member Since July 2018 - Comments: 23

    1:05 PM, 3rd July 2021, About 5 years ago

    Do you have the Estate Agents original sales particulars, if these state 30 sq m then you could have recourse there as well as with the valuer

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