The Legal Week.co.uk

Kettle warning is tosh

Posted by Phil Rees-Roberts on September 10, 2007 5:51 PM | 

So consumers have more rights when they buy a kettle than a newly-built home. That’s the latest ‘wisdom’ from the National Consumer Council. It wants a shake up in the way market is regulated.

The NCC claims that a statutory safeguard - along the lines of the Sale of Goods Act 1979 - would protect people against delays, poor after-sales service and snagging problems such as faulty wiring, badly fitting doors or leaking windows.

I think the NCC needs a major reality check. Its statement betrays a woefully simplistic view of a property transaction and is symptomatic of the growing and misguided belief that you can indemnify against anything and everything.

The solutions to property issues are never simple, so why imply that the problems are? In my experience, there is no better protection than being a wise consumer. That is the mindset people should adopt. And you become a wise consumer when you take proper professional advice.

The NCC’s claims devalue the work of professionals in the conveyancing industry. By equating buying a property with returning a faulty kettle to Argos, they are also doing the consumer a disservice. There will never be an absolute guarantee with something as multi-faceted and complex as a property transaction. To suggest otherwise is a fallacy.

My advice to the NCC is simply - get real. They should be recommending buyers focus on a survey carried out by professionals and overseen by a lawyer. As with so many problems, prevention is better than cure and sound advice at an early stage is critical to achieving the outcome you want.

Phil Rees-Roberts is principal of boutique property practice Rees-Roberts Solicitors

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