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Property/DIY

Being lied to by estate agent / seller

12 replies

vinoandbrie · 22/08/2014 21:08

Hi there,

We were supposed to exchange today.

We are missing two documents (buildings regs completion certificates), and were promised these today. We simply must have them, as otherwise our lender will not release the mortgage funds.

We have been fed a line - seller is on a long car journey with no email access. This was for a good couple of hours. I did say 'does the seller not have a smartphone?' No response. Then, per estate agent, 'seller has got the documents and is forwarding them to their solicitor now'. Ok, great. Except... my solicitor is on at the seller's solicitor to forward them, and the seller's solicitor has not received them.

We are clearly being lied to. Question is: how do we deal with this? I am sick with stress, this has been a very long road.

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Spickle · 22/08/2014 21:42

If the vendor doesn't have these documents, then they should be willing to pay for indemnity policies and I am surprised their solicitor hadn't suggested this if the original documents were not produced. If the vendor refuses to pay for the indemnity policies, would you agree to pay in order to progress to completion?

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vinoandbrie · 22/08/2014 21:46

Unfortunately indemnities are out of the question, as the council has been approached.

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danceponydance · 22/08/2014 21:52

Assuming nothing can now happen until Monday, first thing Monday morning contact the Council's building control yourself and buy copies of the missing paperwork. Anyone can do this and it cuts out the annoying vendor.

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danceponydance · 22/08/2014 21:52

Sorry Tuesday morning as it's bank holiday Monday.

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vinoandbrie · 22/08/2014 21:54

Thank you, I wasn't aware this was possible - much appreciated.

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danceponydance · 22/08/2014 22:04

Sorry I've just goggled and checked and it seems that it must be the homeowner or solicitor that buys copies. But there's nothing to stop you ringing your local building control dept to check this and see if either your solicitor or the vendor's solicitor can get copies without the unreliable vendor being involved.

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vinoandbrie · 22/08/2014 22:08

Thank you, really kind of you to look into this, I'm at my wits end and hadn't realised this was a route we can go down.

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PigletJohn · 23/08/2014 08:42

It is of course possible that the reason they have not sent certificates is because they do not exist.

Have you looked on the council website to see if Permissions were approved?

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specialsubject · 23/08/2014 14:54

there are people without smartphones, believe it or not. And they certainly can't be used while driving.

ask the agent again what is going on, and tell them to stop treating you like a fool.

I got pissed about with exchange by what seemed a nice little old lady who was trying to avoid going into rental. Nearly pulled out but we got there in the end, and it was definitely worth it. Hang in there.

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vinoandbrie · 23/08/2014 16:18

Thank you all. I called the estate agent today who confirmed that she's saying that she has the certificates but was 'too busy' to email them yesterday. Despite the fact I was sent an email by the estate agent yesterday at 4.265 saying 'she's emailing them now'. I really just don't get some people. I feel so sick with worry, we're in temp accom with our 2DD's as we sold last month.

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PricillaQueenOfTheDessert · 23/08/2014 16:22

How is the estate agent lying? It seems the vendor is holding things up not the estate agent.

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vinoandbrie · 23/08/2014 16:30

The estate agent may well not be lying, the '/' in my OP meant estate agent or vendor. I don't know who, but one of them definitely is, as the estate agent put in black and white that the docs were being emailed yesterday afternoon, and the seller confirmed today that they weren't. It is so nerve wracking and confusing. I just don't understand why either if them would lie, what does it achieve?

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