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  • Auction Tribe

    Auction dispute - property not as described

    Hi, I am a new member on property tribes. I have recently purchased a property through auction that was advertised as having a tenant and had gas central heating, the property couldn't be looked at inside since there was a tenant so the auctioneer had to go with the description that the seller gave him.

    Once I purchased the property I contacted the tenant and went to have a look inside the property, it turns out that there are storage heaters, no gas central heating, and also I found out that the seller sent an eviction notice to the tenant after the auction finished.

    So the property isn't as described, I am wondering is there anything I can do? For the moment all I have done is paid the deposit for the house.

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    Sorry to hear of your plight.

    You should speak to the auctioneer citing the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the Business Protection from Misleading Marketing Regulations 2008 (BPRs).

    You can follow the instructions provided by the Citizen’s Advice Bureau to claim a full or partial refund, replacements or repairs to the estate.

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    Thanks for the quick reply, do you believe I can get my deposit back if it has already been sent to the sellers solicitor?

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    It would be inappropriate for me to comment other than to say you should read the link I gave you, then read the T & C's of the contract you signed, and then contact the auctioneer asking them for their Complaints Procedure and follow that.

    You could also contact the vendor's solicitor expressing your concerns and say that you are looking in to what your options are.

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    Just to add I presume you read  the legal pack before the purchase and specifically form TA6 (this is the property information form the vendor must complete before the sale) .

    Form TA6 will show you where the misinformation originated from the vendor or auctioneer.

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    Well we later on realised that in the documents it did say that there were storage heaters, the seller did say to the auctioneer that it had gas central heating. Is there any wrong in advertising that the property had a tenant and then evicting the tenant straight after the auction?

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    When does tenant say they 1st moved in? If early enough it won't be an AST, no s21, might be nigh on impossible to evict.  Yes, even with shiny new signed AST.

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    2017 was when he first moved in, I am arguing that there are extra costs to factor in now to bring the property back to a presentable condition to rent again

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    "Once I purchased the property I contacted the tenant and went to have a look inside the property"

    Its normally good practise to contact the tenant and have a look inside prior to auction? Storage heaters are good no gas certificate required.

    Well we later on realised that in the documents it did say that there were storage heaters----which will take precedent over the listing

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    Viewings before the auction were not possible I am guessing due to having a tenant, that  was why the auctioneer went with the description that the seller gave him.

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    Hi Joe

    I'm not sure that I can add to the Comments already made, but I'm guessing the issue with having Storage Heaters rather than Central Heating has been resolved in so much as there turned out to be documentation to support this being the case.

    With regards to to the Tenant having been served an Eviction Notice, are you concerned that they will not move out or that there will now be Refurbishment costs ahead of when anticipated in order to be able to market the Property and find a New Tenant ?

    If not too personal, perhaps you can send a Link or details of the Auction and Lot No. that you purchased as I do take a keen interest in Auction Catalogues and often flag Properties of interest, before revisiting to see how these fared.  It may be helpful to get another perspecive.

    I look forward to hearing from you.

    Kind Regards
    Paul

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