Mislead by estate agent....?

I bought my first flat 5 months ago in London. I had a full hombuyers report done which mentioned that the electrics looked new (new fuse box and plug sockets) but that an electical survey would be needed to confirm this. I did not get this survey done as the estate agent confirmed numerous times (it was a big feature of the price negotiation) that the flat had been fully re-wired (I have a taped line at work and so have recorded evidence of this). I have now discovered that the re-wiring was not done and, as the current wiring is dangerous, it needs to be done at a cost of over 拢4,000. Can I get any legal comeback against the agent for mis-representation as the price would not have been agreed if the truth had been known?

The Property Misdiscriptions Act was passed for this exact purpose...if you have evidence that you were misled in a material way, and it seems you were, then there is an ombudsman scheme where you can apply for compensation...I would write to the Estate agent, or get a solicitor to do it...pointing out how they misled you....tell them that you want them to pay for the cost of rewiring as you were led to believe it had been done...and also additonal legal costs or you will take them to the Ombudsman.
The only way they could get out of it is if they had a written statement from the owner that the flat actually had been re wired.....if they haven't then you have got them.

you can sue them. they would have some caveat that claims they can't guarantee, but if they have verbally told you it has, then that forms part of the contract of sale.

You should be able to get a free first consultation with a reputable solicitor who could advise you. Bring the recordind and all other evidence with you.

Call a Solicitor. You aren't going to get the kind of opinion that matters on Yahoo answers. Use a professional to sue and pay them for taking the case and winning it for you.


Good Luck

I dont think that you have anywhere to go with this as you have had a survery done that recomends further investigation into the wiring. The agent will simply say that he had been advised by the seller of the wiring situation and the seller will deny it. It is your responsibility to get this stuff checked out.
A taped conversation is almost certainly of no legal use unless the agent has specifically concented to have the conversation recorded.
Saying all that, if it were me, I would be banging down the door of the estate agent threatening to go to the press, trading standards office, watchdog etc etc etc unless they return their fee.

Sorry I'm from America. I would say like the better business bureau or something. But then again we all live in America anyways.

I think, you are going to be alright, with the fact of a recorded statement, Personally, I would go to THE CITIZENS ADVICE, they will put you on the right path, and many, have Solicitors who work for free. Pop along.

Do you have it in writing that the wiring was done? I suspect not. I fear your recording will not be admissible unless the speaker was advised that he/she was being recorded. As others have already said, you really need professional advice from a solicitor on this.

You will have needed to inform the person of the call being taped to use it in court as far as i understand, i work for the police and we have to do the same which is the caller is told at the start of the call when they phone the police using a automated message.

I agree on the fact that the estate agent was likely told by the seller re-wiring was done and the estate agent will likely say they were going by this information only, the estate agents are not qualified electricians and cannot be expected to confirm the information given the previous owner without proof of the work being done, the estate agent should of said, "i was told by the previous owner the re-wiring was done but i cannot confirm it"

The homebuyers report is there for that purpose to advise you although the electrics look new but that a survey needed to be done, just because it has new sockets and a fuse box does not mean that all the old wiring in-between had been pulled out.

Because of this i think this homebuyers report will be the fall-back legally for the estate agent, although it is there to protect homebuyers it is also can be used in turn to protect the estate agents.

You will have to consult a lawyer but i don't know if in court your argument will ride given the recommendation in the homebuyers report.

Sounds as if you have a case to me, especially with the recording but ...........in some instances, A taped recording of a phone conversation is not admissible in court.