Is this ok when selling a house? Doesn’t feel right

[DonnatellaLyman]

We are selling our house, part way between exchange and completion. We’ve half moved out (sleeping in new place) but still lots of stuff in old house.

We’ve just found out that EA has been letting the buyers in on several occasions and has facilitated their tradespeople coming in to carry out work (who have damaged the property). We were not asked about any of these ‘visits’.

It feels like a massive invasion of our property /privacy but I don’t know if I’m just being precious as we won’t own it soon.

I personally wouldn't lose any sleep over it. Exchange has happened so it's legally theirs and they are responsible for insurance etc.
The chance of them pulling out is virtually zero as they have to pay you 10% of the purchase price plus your coats for finding a new buyer.
Just enjoy your new house and let them enjoy their a few days early.
The only thing I'd be annoyed about is the lack of courtesy from estate agent, in not asking you 1st

of course it isn’t ‘legally theirs now’. What a ridiculous statement. It will be legally theirs when completion has happened and monies have been exchanged. It’s actually worrying that someone can think this.

Wow that’s so bad. I’d start by getting key back from EA. What damage have they done to property and do you still have belongings in the property? Have you checked you aren’t missing anything or if any of your stuff has been damaged? I’d try to keep things totally civil between you and buyer as you don’t want them to end up pulling out now but I’d definitely be having a private conversation with the EA about how they’ve breached the terms of the contract and as such you shouldn’t have to pay their full fee - I’d be getting your conveyancing solicitor involved in this conversation if poss.

I'd be furious with the estate agents here and agree with the pp who suggests changing the locks and not paying the EA until the damage is sorted by them. They should be asking your permission and there is no right of entry for the buyers until completion which is when you receive the funds and their ownership becomes legal.

We are selling our house, part way between exchange and completion. We’ve half moved out (sleeping in new place) but still lots of stuff in old house.

Are you doing the same thing?

If they pull out between exchanging completion they lose their deposit so honest to goodness stop fluffing everyone

Thanks so much for confirming I’m not crazy!! I spoke to my solicitor who sounded gobsmacked but not actually helpful and I’m not sure I want to pay for them to represent us in a dispute unless needed?

im not going to name and shame here because it’s a very small independent local place. Kicking myself for going with them now as no one higher up to complain to. Next time I’ll give my money to some faceless corp…

@CheshireCats clearly not a west wing fan!

thanks to the poster who posted the ombudsman stuff. Everything is found was about the right of tenants not owners so didn’t know where I stood legally.

YANBU - EA is completely out of order allowing them access without your knowledge.

Go tell them so… Go quickly… in fact ask your DH to drive and tell him not to stop for red lights and as a reward you can get him the finest muffins and bagels in all the land.

Love the username OP!

@DonnatellaLyman crosspost!

Contact your solicitor immediately.

Ask for keys back from the agent.

It's not their property, they have no right to carry out work until they have the keys!

This is wrong wrong wrong!
Get your solicitor on the case. I think you do have a good case to take to court.

They should ask your permission, every time, and no work should take place unless you have a formal agreement permitting access and work before completion. Take photos of the damage and ask EA manager if their insurance will cover any potential claims.

Not on at all, but from your post I would assume you have exchanged? As pp said the buyer should insure the property at exchange, completion is just for the finance etc. But the EA are in the wrong not to gain your permission first, your solicitor would say no, I am sure if you asked their advice.

Change the locks immediately. Quite apart from everything else, if anything is damaged or anyone is injured, they will not be insured (I bet).

Although the building may be insured by buyer it won't cover damage to op possessions, fixtures and fittings if , for example, they caused a flood.

WTF? That is totally not OK. It isn't their house yet. They shouldn't be doing anything to it until you've completed and the money's in your account. The estate agent is a fucking disgrace.

@DonnatellaLyman does that leave Sam Seabourne open for me?

But you’re sleeping in your new place?

And you should also be insuring your old place as you still own it (regardless of whether the prospective owner is legally required to as well).

@Apartridgeinachestnuttree red lights! Remembering that line has properly cheered me up!

Buyers have to take our buildings insurance from the point of exchange as standard…

This is true, but since OP still actually owns the house there's an obligation to hand it over in the advertised condition, and what's to stop the buyers insisting any damage was done by someone else and demanding a reduction?

Is the buyer perhaps a friend of the EA, OP? Because appalling as some can be, it's hard to imagine them being quite so stupid otherwise

This.

I work in property and absolutely not OK! Sometimes a license can be drawn up via the solicitors that allows access, but it needs to be signed by everyone and the keys bought back every day, and in truth, as an agent it's easier to suggest the the vendor not to do that. I actually can't believe an agent has given them the keys before completion.

Definitely not okay. The buyers don’t own it until you’ve officially exchange contracts/funds - what’s to stop them pulling out now after having damaged your property?

Also the idea that people are entering your house without you knowing is a massive invasion of privacy. It’s still your house at the end of the day, even if you’re not living there at the moment.

I would ask EA why they thought it was acceptable to do that and make a complaint.