Property turned out to be a Granny Flat?

by Readers Question

9:25 AM, 29th December 2020
About 2 months ago

Property turned out to be a Granny Flat?

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Property turned out to be a Granny Flat?

This is a long story I will cut very short. We had an offer accepted on a house we wanted to buy, we knew the people, not overly well, but enough to trust them.

We had a lot of issues from the start of Feb 2020, things were not progressing (due to covid). We ended up having to pay for a structural engineer as the property was directly next to an old church (with bowing walls). Paid for the searches etc.

6 Months went by and nothing was being done (covid blamed/ excuse) got an extension of 2 months from Santander. Then discovered the property did not have permission to be sold as it was a 4 bedroom ‘Granny Flat’

Santander refused us any extension only up until October 28th 2020. The indemnity insurance was refused, so they had to put in an application with the council to allow the property to be sold off separately. On the 22nd of December, they were granted permission!

Thanks to Covid-19, we lost the house and can no longer get a mortgage of any kind to buy any house. (Trust me I have tried every broker and lender in the land). I am absolutely furious as it is the seller’s fault. They have cost us dearly.

Is there any way of getting the money back from what we had to spend as they were at fault for selling us a house that did not have permission?

We are the ones that have lost here as the house went straight back on the market on October 30th!

Thanks for any advice

Joey

Comments

Mike T

11:14 AM, 29th December 2020
About 2 months ago

I thought that estate agents had a duty to check that the the title was good before marketing a property - or is that not the case ?

Judith Wordsworth

11:20 AM, 29th December 2020
About 2 months ago

Reply to the comment left by Mike T at 29/12/2020 - 11:14
The duty to check title is the solicitors not the estate agents. Any purchaser can check with the land registry by phone for free or by downloading the title and plan at £7 each out of interest or if concerned. You don't need the title number just the address and titles registered come up.
Estate agents only need to verify sellers ID

NewYorkie

11:42 AM, 29th December 2020
About 2 months ago

Sounds like the sellers built an extension to their home and hence it was not a separate property. I believe they should be held responsible for the wasted costs and wonder if the Small Claims Court could be a route. The sellers were trying to sell something they weren't permitted to sell. Having said that, the issue should have been raised early on by both solicitors.

Seething Landlord

12:30 PM, 29th December 2020
About 2 months ago

from the information you have given it sounds as though you were unable to proceed with the purchase because your mortgage offer was withdrawn. Why do you think that the vendor should be held responsible for your inability to complete the purchase?
You also say that you are now unable to obtain a mortgage to purchase any property at all so presumably there are issues to do with your financial position that you have not mentioned.

Graham Bowcock

18:18 PM, 29th December 2020
About 2 months ago

It seems very unlikely that you would be successful in any case against the vendor. Besides issues with the property you have referenced delays due to COVID (not their fault) and some problem with your mortgage (not their fault). Whilst the vendor may have misled you (accidentally or otherwise), it sounds like six of oen and have a dozen of the other. What was your solicitor doing during this time? Part of their role is to get an understanding of the seller's title and ability to sell; when did they flag problems to you? What about your valuer - didn't they establish a problem?

Pursuing the vendor would probably be throwing good money after bad. I'm afraid it happens.


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