An estate agent that openly declared on the particulars that a property had been the scene of a murder has successfully sold the house.
Henry Adams, complying with the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), sold the property while the perpetrators were in the dock.
They were found guilty of the murder of wealthy jeweller Michael Griffiths at the three-bedroom semi.
Griffiths had been bound, tortured and killed by burglars searching for diamonds worth £40,000, the court heard.
The men then set fire to the property to try to destroy the evidence.
Henry Adams was subsequently instructed in the sale of the property in Fernhurst, near Midhurst, Sussex.
The property had a guide price of £100,000 and was marketed complete with pictures of boarded-up windows.
The Henry Adams advert described the house as “deceptively spacious” and offering refurbishment opportunity.
It added: “As the pictures show, the property has been badly damaged by fire and requires complete refurbishment.
“We are obliged to make all potential purchasers aware that there was a murder committed at the property.”
The property is understood to have fetched well over its guide price.
Zac Cowdrey, 24, from Staines, Surrey, and Harvey Munford, 23, from Sunbury, Surrey, were both convicted of murder and ordered to serve a minimum of 32 years in jail. Simon Penton, 43, from Sunbury, Surrey, admitted conspiracy to burgle and conspiracy to pervert the course of justice. He was convicted of manslaughter and jailed for 26 years. Damian Krafft, 27, from Shepperton, Surrey, admitted conspiracy to burgle and was jailed for three years.
A spokesman for Henry Adams said: “Despite the history, the property attracted enormous interest.”
The firm has offices across Sussex, Surrey and Hampshire. Its latest office has just opened in Midhurst in what was Keats estate agents. Keats owners Francis and Sally Martin are now running the branch under the Henry Adams brand.
Under CPR, agents have a duty of disclosure, meaning they must mention features of a property that might put potential purchasers off even viewing.
Comments (23)
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Location? Dead Centre of town?
These people making their 'transactional decisions' are 'average' consumers. How does one determine what an 'average' consumer is, and what they may or may not find off-putting?
as a for instance, I've sold several properties in my time with a view of a graveyard, which of course would put some people off, I'd guess probably about 50-50, so how do we determine in this instance whether the proximity of a graveyard would deter an 'Average' consumer and we need to declare it?
Best advice seems to be if in any doubt, put it in!
"Best advice seems to be if in any doubt, put it in!"
DEFINITELY different to the old Corporate mantra of "If in doubt… leave it OUT!" ;o)
In, out, shake it all about, you do the okey cokey…….
"Fantastic panoramic views of Death"
Actually, Paul H – I always liked selling near to cemetaries.
"Guaranteed quiet neighbours" and all that… ;o)
"Under CPR, agents have a duty of disclosure, meaning they must mention features of a property that might put potential purchasers off even viewing."
Now then – the above brings up the thorny question of what is or isn't an Agent's "responsibilities" under CPRs.
According to TPOS – who we would all look to to 'defend' us in such a case, they state in their Guidance
"In regard to sensitive issues such as murders or suicides occurring at a property you should explain these to the consumer at the earliest sensible opportunity and certainly at any viewing."
If the article is correct – then we would be committing an offence by not mentioning UNTIL on the viewing.
OFT Guidance states "…if you treat [consumers] unfairly, you may face criminal or civil enforcement action…
For example, if you are acting for a seller, 'consumers' also includes potential buyers or even potential viewers of the property…
'Transactional decision' is defined widely and is not simply a consumer's decision to use your services or not, or to buy a property or not. It could, for example, be… a buyer's decision to view a property"
So – the article appears to be more reliable a yardstick than TPOS' "official" guidance.
Confused? You will be… ;o)
Nice piece of clear factual info, but in my view it is very difficult to know where to draw the line.
You already added suicide to murder, what about abuse?, what about attempted murder?, rape?, serious assault? or even burglary? Should they be mentioned?
Also with regard to haunted properties, if a priest confirms to the TPOS that a property is indeed haunted and the previous owner declared to the agent it was the reason for selling prior to instructing then would it be prudent to put that on the details? That then may offend or put off potential buyers to the detriment of the seller who may have done nothing to encourage the supernatural attention.
Hi wilko
That's the problem: the rules are there are NO rules – the goalposts are only there to make you commit to shoot… and then someone hauls them into the next field, your ball dribbling over the line between safe and sued.
Not good, huh?
No, this article, and your comments have more than served to highlite this.
The article states
"Under CPR, agents have a duty of disclosure, meaning they must mention features of a property that might put potential purchasers off even viewing."
Hmmm… yet from TPOS Member Guidance:
"In regard to sensitive issues such as murders or suicides occurring at a property you should explain these to the consumer at the earliest sensible opportunity and certainly at any viewing."
So – whose advice do we rely on – the 'official' regulatory body – or an EAT journo?
I'd be more averse to describing the property as "deceptively spacious". ;o)
It is all very well praising the guy for his transparency and honesty but from my experiences it is nigh on impossible to sell a property like this without being truthful.
Agreed Wilko but I bet some won't be honest.
What happens if a future occupant comes back to you to sell in, say 1 yr, claiming it's haunted by the ghost of the poor chap who was tortured, murdered and burned there? Would you be obliged to be honest and say it is haunted on the details?
Probably depends on whether you believe in ghosts! 😉
From what I've been told you will have to relay all information that you are aware of. On this occasion it would be a bad idea to be mates with the owner of the property!
So… when the new owners fully renovate and resell the property, will they also need to make this disclosure ? and their buyer when they come to resell etc. How far does this go ?
Well done Henry Adams. Just goes to show that being honest and transparent does get you somewhere.