AIBU to continue running away from this house purchase?

[Quandaries]

Follow-up to www.mumsnet.com/Talk/am_i_being_unreasonable/4041606-AIBU-to-walk-away-from-this-house-purchase

Don’t even know where to start.

I’m a little worried that what I’ve posted so far makes me recognisable but what I’m going to post makes the sellers from hell recognisable so I’m not sure of the best way to go about it.

Golly well it makes sense why they went AWOL with the EA.

There's no reason for you to not help the EA.

As a pp has already said the house is lost firstly because I assume you're not mad enough to pay an extra £75k but also because the sellers are not trustworthy.

The EA will be feeling bad for you and their lost commission and if you help them out you can suggest they would tip you off to anything suitable coming on the market so you get a head start.

As for the sellers - I think they must be quite naive. That's a hell of an increase in a market that's generally expected to take a downturn in the very near future.

I also believe the photos will be the copyright of the EA and they will be in breech of contract.

What utter utter wankstains. I'm furious for you OP. I'll definitely post that Twix to you - or eat it for you as I don't know where you live.

If it were me I'd provide the statement. The vendors have behaved appallingly to both you and the agent by the sound of it. It doesn't seem fair that they should get away with their dirty illegal tactics that can make buying a house so stressful when it needn't be.

You sound like a nice person OP, I think you should do it for that reason, to help someone out, not for revenge, or to get money.

I'd support the EA too, it won't take much time.

@Sheepareawesome

Well you tell everybody at the school gates for a start...

I don’t even have the satisfaction of doing that.

We don’t currently live near them or have children in the school in the village. We were moving from our current location to the village, and DD would be starting at the school in future. She’s won’t be now.

The sellers have behaved appallingly, but surely a house sale can fall through for many reasons & therefore no commission is made?

Dear Lord the CFers I would help the EA on principle and ask for compensation for some of his costs should he be successful.

Has the EA pointed you in the direction of the various selling sites they've put their home back up for sale on? The collective MNetters could sabotage their sale...

@Marmunia1975

The EA could definitely sue on copyright pics grounds. I don't think he has any control over them going solo. They can do what they want. What makes him think he has lost commission?? Just curious.

The EA lost commission because he delivered an asking price buyer.

They are also pretty sure they've been "played" with a non existent new buyer.

Additionally most contracts with EA's specify if it's an exclusive contract to seek the house and any notice (and grounds) to terminate the services of the EA.

It would definitely include that the work of the EA wrt to marketing (photos, layouts, blurb etc) were owned by the EA.

In short the sellers have taken all the EA's legwork and stolen it to market the house themselves and presumably save the commission.

I would help the estate agent on the selfish basis that in gratitude they may give you an early heads up and first viewing on a new suitable property coming on the market.

Surely the images are the property of the EA? If I were the EA I’d be getting a solicitor to write to them and tell them to take them down or pay an extortionate fee to use them. There will be a paper trail (solicitors correspondence to and from EA) which he could use and your statement would probably be the icing on the cake.
Maybe he’ll share some of the money he receives with you?

I’d do a simple statement and let the EA gather together any additional evidence needed.

How weird. So they want a £75k increase in the price?? I think you dodged a bit of a nightmare.

From a legal POV, I'd be surprised if the EA could pursue lost commission, as house sales collapse all the time at all stages.

But doesn't the EA own the photos?

I would give them a statement, and then move on with your life.

The sellers have behaved appallingly, but surely a house sale can fall through for many reasons & therefore no commission is made?

The vendors are using the pictures taken by the EA, and are trying to market the property direct to save paying an EA. It's not a simple fall through, as the vendors are actively ignoring all forms of communication when they had a buyer, and survey etc had been done on the house

I dont get why theyd lose a buyer for £75k at those prices

@pinkandstripey

From a legal POV, I'd be surprised if the EA could pursue lost commission, as house sales collapse all the time at all stages.

But doesn't the EA own the photos?

I would give them a statement, and then move on with your life.

Don’t people usually sign a contract with an EA though to say if they stop using them they won’t market their property for a certain amount of time?

I think I would be inclined to do it. Just to cost them money, test their emotions and to waste their time. As theyd need to instruct (and pay for) a solicitor to deal with the ea claim. I know, It would make me feel alot better.

I'd assist the EA but I'd also be asking my lawyer if I could sue for my out of pocket expenses back.

I know people change their minds about moving, but this behaviour is extraordinary.

Watching with interest

@MahMahMahMahCorona

Has the EA pointed you in the direction of the various selling sites they've put their home back up for sale on? The collective MNetters could sabotage their sale...

I'm sure you're joking, but this would be a terrible idea.

I would help the EA. Cf get what they deserve

Ooh
Well that changed things.

I think I’d help, if he’s been a decent enough person to deal with. having kept him on side may play in your favour in the long run in finding the next property.