Key topic:  

 Property purchase

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Award

£100 compensation

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Resolved by

proposed decision

What happened?

The complainant buyer said that they:

• were told that the property was next to local shops and a pub
• enquired about the pub closing times and the agent responded that the pub closed at 11pm
• subsequently discovered that the pub had made an unsuccessful application the year before to extend its opening hours on a Friday and Saturday, to midnight
• decided to withdraw from the transaction as they were uncomfortable with the prospect of future licensing extension requests the pub may make

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The agent said:

• they were unaware of the unsuccessful application
• any licensed establishment could make an application for extended hours at any time

What evidence was provided?

Sales particulars and email communication

What was decided and why?

• The agent should have:
• carried out all reasonable checks to see whether there were any issues which may affect the buyer
• provided the buyer with all the material information they needed to make a fully informed decision

While the buyer provided no evidence to show that they had suffered any actual loss, due to the agent’s lack of due diligence into a potentially sensitive circumstance, £100 compensation was awarded

How can you avoid this happening in future?

• An agent has a duty to make all reasonable enquiries and advertise a property with all material information so a consumer can make a fully informed decision
• An agent must always highlight the possibility of known or potential disturbance and inconvenience in any circumstance

• For more information see unfair practices now detailed in the Digital Markets, Competition and Consumers Act 2024

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