Hi
My wife and I recently made, and had accepted, an offer to buy a property.
The first line of the particulars said
"A most spacious five bedroom detached family home with approximately 3,000 sq ft of living accommodation..."
There was a plan of the property later in the particulars but no dimensions on it.
There were dimensions on a room by room basis included as part of the description of individual rooms.
I had a full survey done.
That states
"The overall internal floor area extends to around 2085 sq ft".
We have withdrawn from the sale principally because the property is a lot smaller than we thought.
At a minimum I would like to recover my lost survey fee.
The selling agents are members of the Property Ombudsman Scheme.
Worth going to them?
Or straight to small claims court?
I have some experience of the small claims court and am comfortable bringing claim on my own,
and I am thinking probably is worth going straight to court.
What is basis of the claim?
This looks like a clear breach of Consumer Protection from Unfair Trading Regulations
but can I claim my losses under those regs or is it best to go under general law of misrepresentation?
On this - I was induced to enter into a contract with the surveyor by the misleading particulars - is that what I need to establish to succeed ? Put another way does it matter that I did not have any contract with the estate agents themselves?
Any thoughts gratefully received. Many thanks