Jump to content
House Price Crash Forum

Recommended Posts

Hi,

Apologies for the long ramble but I'm so angry and need to get your collective wisdom how do deal with the bare faced lies from an estate agent who is expecting a big fat commision cheque any day now.

My girlfriend is currently selling her house and moving to another area to rent. She put her house on the market at a very keen price and received an asking price offer within the first week. She agreed to stop marketing the house whilst the sale progessed.

So far so good.

We asked for the (potential) buyers contact details to discuss aspects of the transaction, like fittings, dates etc. The estate agent stated that the buyer didn't like to negotiate directly and we would need to pass all communications through him.

He said the buyer was in rental and didn't need to sell anything and was keen to move on the third week of July as their rental was coming to an end. My girlfriend changed her original plans to move in August (She's a teacher and still be mid term) and she gave her lodger notice to leave for the July move.

According to the Estate agent the exchange was due two weeks ago and then last week. The estate agent has now stated that the Buyer is expecting curtains were included and there's a stand off. He's gone on holiday and I got to speak with the Buyer yesterday for the first time.

What I found out.......

The buyer wanted to speak to us through out but the EA said we didn't want to negotiate directly.

The buyer didn't need to move in July and August would have been suitable

The buyer has a property to sell and can't move forward until this property is sold

The property is in a long chain

The Estate agent agreed to the curtains being included for the asking price.

Obviously all these are lies and I'm absolutely cheesed off about the manipulation of the situation by the EA of what should have been a simple transaction. My girlfriend is very stressed out as she will need to move so she can start her new job in September but can't rent somewhere new until she has a completion date unless she wants to pay both for her existing mortgage and rent. The sale may still go through in spite of the EA but I'm wanting to take this further.

Can anyone advise how to best deal with this issue? I'd like to withhold the commision but no doubt there's something in the contract we signed that means we can't do this. The EA and the branch Manager will continue to lie to us which I would imagine isn't going to please the senior managers, but I've no idea how to contact them or where to start.

Thanks for your patience if you've got managed to get through my rant!

edited for spelling

Edited by Bankside

Share this post


Link to post
Share on other sites

I dont know if this is allowed or not.

However, here goes. If you have established contact with the potential buyer, withdraw the house from the market and fire the EA. In a month or 2, deal direct with the buyer.

Whatever happens, good luck.

Share this post


Link to post
Share on other sites
Find out if the estate agent is a member of the property ombudsman scheme. If they are, then that's where to take your complaint.

Hi,

Thanks for your responses. I've looked into the Ombudsman and they are a member. I'm considering a letter to the area Manager before contacting the Obudsman requesting compensation for the way we've been treated but I'm not sure how to word or value this as we are unsure if the sale will be delayed weeks or months. I really hope that's not going to be the case as it will mean paying for two properties - mortgage on the first and rent on the second.

Any further advice would be very welcome

Edited by Bankside

Share this post


Link to post
Share on other sites
Hi,

Thanks for your responses. I've looked into the Ombudsman and they are a member. I'm considering a letter to the area Manager before contacting the Obudsman requesting compensation for the way we've been treated but I'm not sure how to word or value this as we are unsure if the sale will be delayed weeks or months. I really hope that's not going to be the case as it will mean paying for two properties - mortgage on the first and rent on the second.

Any further advice would be very welcome

The EA does not seem to deserve the fee.

Not sure if you will have the energy as this could be quite stressfull and time consuming but:

1- If I were you I would research all possible avenues with a view to confirm the EA's has not behaved according to contract (search any clauses in your contract with the EA that may help, re undue withholding of info if any etc) or any relevant EA's asscociation code of practices (if your eA is member of any).

2- Put all your findings (about lies) in written, document statements, and dates. And have it also signed by the buyer.

3- The above could be enough for you to be able to proceed with the sale thorugh your solicitors without the need for the EA at all, just ignore it. It would be up to the EA to do something about it. That will leave you with no need for EA's fee and therefore you and the buyer would have some price leeway for addiitonal negotiation, which should be in both your interests.

NAEA code of conduct

See pages 4, 5 and 8, for a start. If you document it well, the agent can be even suspended.

Good luck!

Edited by Old_Traveller

Share this post


Link to post
Share on other sites

The Ombudsman for Estate Agents (OEA) is certainly one route - however I would also check out other options as well. The OEA is basically an organisation set up and run by Estate Agents that has been heavily criticised for protecting the interests of Estate Agents over the interests of complainants and members of the public. Even when the complaint involves the law being broken the OEA has consistently acted to resolve situations whereby the law is not used and Estate Agents are not criminalised.

It might be worth checking out the situation with the Office for Fair Trading who do have a remit to deal with complaints against Estate Agents and are much more likely to use and apply the law when relevant. They also have the power to bar people from working as Estate Agents.

It might also be worth checking out the situation with a no win no fee law firm?

Make a file and diary of the relevant events and communications - including notes of phone conversations and date and sign them.

Good luck whatever you decide to do.

This is just another example of why a national survey recently published found that 99% of the public do not trust Estate Agents.

Share this post


Link to post
Share on other sites

I may be being a bit dim here and am in no way doubting the OP.

What on earth did the EA hope to achieve by this impressive litany of fookwittery?

From what I can tell, all they've done is hamper what should have been a straightforward transaction and, ergo, money in the bank?

Share this post


Link to post
Share on other sites

OP here,

Firstly many thanks for all of the contributions. The combined wisdom here is much appreciated.

Hyper - when you asked "What on earth did the EA hope to achieve by this impressive litany of fookwittery?" you were thinking much the same as me. However, having been put in touch with a retired surveyor today, he had a more sinister response which may put the dots together.....

Apparently some EAs aren't as "professional and full of ethics" as they would have you believe. I bet that comes as some surprise to people on this website.

So, having found a person who needs to sell due to a relocation they market the property at a good price. It finds a buyer who is unable to proceed immediately as they have a property to sell. However the EA tells the vendor they are not in a chain and the sale will complete soon.

This removes the property from the marketplace which satisfies the vendor and also the Estate agency business that the EA works for.

When the sale doesn't proceed as promised, the vendor becomes anxious for a sale due to needing to be in the new location for the starting date of the new job.

As if by magic and new buyer appears, they can move forward in the right time which will get the vendor out of the difficult position they are in. Unfortunately they can't pay the same amount as the first buyer but beggers can't be choosers can they?

So the EA gets his commission plus a large backhander from the "new" buyer who has just got a very cheap property for little effort. (unless of course the EA is the "new" buyer in which they get the commission AND the profit for selling on the house at the market rate)

Would you like to guess how I'm feeling right now?

I'd be happy to receive any ideas - legal ones preferably.........

Share this post


Link to post
Share on other sites

Is it a sole agency? Can you not speak to another agent? If the price is keen as you say then you might be able to get a genuine no-chain buyer elsewhere quite quickly. If the c0cknocker original agent is known as such then other local agents might offer a sole agency rate to get your business from him. Be a bit of a downer for your innocent buyer but meh: them's the breaks.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 members

    No registered users viewing this page.

  • The Prime Minister stated that there were three Brexit options available to the UK:   288 members have voted

    1. 1. Which of the Prime Minister's options would you choose?


      • Leave with the negotiated deal
      • Remain
      • Leave with no deal

    Please sign in or register to vote in this poll. View topic


×

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.