I bought a 2 bed apartment - but council says it's only a 1 bed

D

Darzo

Guest
Hi, can someone please help, we are at our wits end.....
Basically we bought what we thought was a 2 bedroom ground floor apt.

After 2/3 years of successfully renting out this property we went into a RAS scheme with Meath Co. Co. from the outcome of an inspection, the property failed on the 'smaller bedroom' means of fire escape. When we queried this with our Management co. we were told we DO NOT have a TWO bedroom apt, we have in fact to a ONE BEDROOM apt. And that there are no two bedroom apt in the entire complex on the ground floor.

The room is not suitable as a bedroom but can only be used as a study/ computer room.

This as you can imagine is very worrying and already gone from our original solicitor ( who charged us nicely for his convayouncing)

We have the advertisement that states it is a TWO BEDROOM apt.

Can some please help as to where we stand here, we have this property 5 years now and would love to just hand back the keys and walk.
 
Darzo said:
and would love to just hand back the keys and walk.
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Get in line. Have you asked your solicitor what the title documents state ?? Otherwise its a case of Caveat Emptor, especially after 5 years.
 
Yes our original solicitor 'missed' the fact that the title deeds said 1 bedroom apt. This was in my opinion purposly advertised as a 2 bed . When they know it was only a 1 bed. Does contractual law, sale of goods act not apply here??
 
Alas it's more a case of Caveat Emptor I fear. You should never sign anything without reading it. If you had read the title deeds then you surely would have seen this.
 
Did you buy this through an Auctioneer and if so have you his description of the Apartment?. What was on the correspondence in relation to the description of the Apartment from the other Solicitor to your Solicitor?. Did you inform your Solicitor at the time of purchase that it was a two bedroom Apartment?. What documentation have you and from whom describing it as a two bedroom Apartment?.
 
Yes we bought from an Auctioner and we have the original advertisement we were given which displays and pictures a two bed property. The description from the sellers solicitor to ours was a two bed property and I think from memory we brought the advertisement with us when we went to meet our solicitor.
 
Darzo said:
Yes we bought from an Auctioner and we have the original advertisement we were given which displays and pictures a two bed property. The description from the sellers solicitor to ours was a two bed property and I think from memory we brought the advertisement with us when we went to meet our solicitor.
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I know a lot of time has passed but I still think a good Solicitor would make the Auctioneer and seller in particular and possibly the solicitor very nervous about their descriptions of the property. Just a bit puzzled how come the Council figured this out in a routine inspection and you did not notice this in 5 years?. Your own solicitor does not appear to be into detail. They all seem to charge for their "wonderful professional" ability but like a lot of the so called elite do not want to put their hand up when they get it wrong
 
Most ordinary people would not be aware of the fire regulations needed for rooms to be considered bedrooms, I consider I have 2 bedrooms in my attic but they would not strictly meet regulations for bedrooms due to the height of the velux windows (I keep a step thing under them just in case!)

It shouldn't have been advertised as 2 bed but they got away with it!
 
cashier said:
OK the Coucil have refused to accept you on to their RAS scheme but you already stated you have successfully rented the flat privately in the past without any problems. Go back to renting it privately surely its better than simply handing the keys back and walking away.
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Seems like a sensible approach to me.
 
mathepac said:
The only document that counts is the title unfortunately.
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Do buyers always read the title documents?
I've been led through them by the solicitor in his office before I sign them but I rely on the professional I'm paying to guide me through the sale; my solicitor. If this had happened to me I'd be calling him first and, I would like to think, he would take responsibility for it.

I do not understand how the OP's solicitor is not liable here. If they aren't then why were they involved in the transaction?
 
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