Estate Agent error in BER details

We are currently involved in purchasing a property. As part of the process when viewing, we asked for the BER for the property. We also received a brochure for the property which confirmed the BER rating as disclosed by the Estate Agent. We subsequently made an offer, and it was accepted.

Now, during the conveyancing process, we receive a copy of the contracts which state a very different BER. Low end of the scale different (G) - and an accompanying SEAI advisory report which sets out quite a lot of work to bring the BER rating back up.

We like the house, and it is in a good area for my Wife and I, but I don't like the fact that the BER was not disclosed to us up front. I've also quickly searched online to see if this type of practice is illegal, but it seems like it is not.

My knee jerk reaction is to withdraw our offer.

But my question is this: has anyone had any experience of this type of scenario, and is a withdrawal of offer too drastic a step? Should we consider revising our offer down to accommodate the works needed to bring the BER rating to an acceptable level?

Rule number 1 when buying, never believe anything posted on a website or printed on a brochure supplied by an EA. The facts are only what you, your surveyor or solicitor can establish as fact.

It's up to you if you want to renegotiate or withdraw your offer but remember the EA's job is to get the most money for the client's property.

mathepac said:

Rule number 1 when buying, never believe anything posted on a website or printed on a brochure supplied by an EA. The facts are only what you, your surveyor or solicitor can establish as fact.

It's up to you if you want to renegotiate or withdraw your offer but remember the EA's job is to get the most money for the client's property.

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BER is a legal requirement, and if an EA doesn't include it in the advertisement he is breaking the law.
Not that they give a damn though.

Problem is that the SEAI doesn't do anything about enforcement, and also the likes of daft.ie don't enforce.

I've raised this with the SEAI as I had an argument with an EA about this - see below. I wouldn't hold my breath that the building control officer of the council would jump into action if you report it.

Dear New Irishman,

Thank you for contacting Sustainable Energy Authority of Ireland (SEAI) with your query. The reference number for this query is REF-12345-BLA1.

I can confirm that a property that is being offered for sale or let does require a BER unless it falls into one of the categories that is exempt form needing a BER (see below);

[broken link removed]

In a scenario where a property that does require a BER is advertised for sale or let without a BER, you can report this to the building control officer in the county council where the property is situated.

If you have any further questions or queries then please don’t hesitate to contact us by sending an email to info@ber.seai.ie or calling 1890 734 237

Kind regards,

John Paul


BER Helpdesk
Sustainable Energy Authority of Ireland
Telephone:1890 734 237
Email : info@ber.seai.ie
Website: www.seai.ie/ber

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Was the condition of the building not obviously at odds with the BER rating? Which, being generous to the EA, may have been a mistake. But evidence of which is freely available on the SEAI website.

In my considerable experience, a purchaser almost does not need to see the BER rating to grasp what the rating is likely to be!

From someone who, as a prospective purchaser, spent a long time looking at Executors' sales houses by virtue of affordability precisely because there was so much work to be done.

mf

mf1 said:

Was the condition of the building not obviously at odds with the BER rating? Which, being generous to the EA, may have been a mistake. But evidence of which is freely available on the SEAI website.

In my considerable experience, a purchaser almost does not need to see the BER rating to grasp what the rating is likely to be!

From someone who, as a prospective purchaser, spent a long time looking at Executors' sales houses by virtue of affordability precisely because there was so much work to be done.

mf

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This is the unfortunate position I find myself in - I am not an expert in such matters. My initial impression of the property was that it did not have any visible defects. The property has recently been renovated, and generally is in good nick!

You need to establish how much it would cost to bring the BER up to what was advertised. Probably not much in the context of a house price. two or three thousand would do a lot. Then approach the EA and say you want a reduction of that amount or a bit more for your trouble.

You can (and should) huff and puff about sharp practice, but at the end of the day it is what it is.

walletpod said:

But my question is this: has anyone had any experience of this type of scenario, and is a withdrawal of offer too drastic a step? Should we consider revising our offer down to accommodate the works needed to bring the BER rating to an acceptable level?

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Depending on the difference between originally advertised rating and the correct on you might want to revise your offer.
The seller is of course under no obligation to accept a lower offer.
Also, you could report this as illegal and/or unethical practice to whatever organisation of Estate Agents. But they probably deny any responsibility and refer to a clerical error or some guff like that.

It would be interesting to see what happens if you report this to the local building control officer, but you might not bother of course.

cremeegg said:

You need to establish how much it would cost to bring the BER up to what was advertised. Probably not much in the context of a house price. two or three thousand would do a lot. Then approach the EA and say you want a reduction of that amount

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Thank you. I think this is very reasonable advice.