Key Topics
Buyer purchasing a property next door to a pub.
Award
£100 to the buyer.
Resolved by: proposed decision
Case Details
- • The Agent had declared to the buyer that the property was next to local shops and a pub.
- • The buyer enquired about the opening times of the pub and was told by the Agent that the pub closed at 11pm.
- • The buyer subsequently discovered that the pub had made an unsuccessful application the year before to extend its opening hours to midnight on a Friday and Saturday.
- • The buyer withdrew from the transaction as they were not comfortable with the prospect of future licensing extension requests made by the pub.
- • The Agent maintained they were not aware of the failed application and that any licensed establishment could make an application for extended hours at any time.
Evidence
Sales Particulars and email correspondence.
Decision
A small compensation amount was awarded to the buyer in the sum £100.
Key Point From The Case
- • The Agent failed to provide the buyer with the information he needed to make a fully informed decision.
- • The Agent should have undertaken reasonable checks to find out whether there were any issues which could affect the property.
- • The omission of the Agent to investigate and highlight such a sensitive circumstance was seen as a lack of due diligence on the part of the Agent
- • The Agent should have highlighted the possibility of potential disturbance and inconvenience after 11pm.
- • However, the buyer had provided no evidence to show that they had suffered material loss.
