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.

Oh! I thought Cheshire was making an odd comment but that makes sense....also that she might be the buyer, lol.

Nothing to add to what’s already been said.
Some buyers don’t have a clue. Ours turned up with a removal van full of his furniture three days after exchange of contracts. He thought because he’d paid his deposit and we’d exchanged contracts the house was his.
I just looked at him dumbstruck. He was adamant he could move in that day. Solicitor had to tell him, no, not until the balance is paid the house is still Thinkings.
He wasn’t a first time buyer either, he was middle aged bloke selling his own house.

Call your solicitor. Let them sort it out

Totally outrageous abuse of their position. Not only that but it might invalidate your insurance if they damage anything and you want to claim. They have no right to be there and your EA should know better. I would have “ strong words” with the EA and consider talking to a relevant trades body.

Report the estate agents. It’s yours until completion.

GET YOUR KEYS BACK.Take photos of the damage, make it clear to the estate agent that you'll deduct any costs from their fee if the buyer pulls out. They've allowed illegal entry to your home, any damage or theft as a result will impact your insurance, should the buyers pull out, and your insurance company will need to be informed as will the police. This is a serious breach of trust. As a small local agent, they should be far more aware of their reputation and maybe should brush up on their property law.

IS OUT OF ORDER, A BREACH OF THE RULES FOR SURE. I WOULD TAKE THEM TO TASK AS ALSO COVID RITS ULES WITH THE WORKMEN ? what insurance have you got with them ? THIS IS NOT ACCEPTABLE AS ALL OF THE PROPERTY SEARCHES WITH LOCAL AUTHORITY HAVE NOT YET BEEN APPROVED. INFORM YOUR SOLICITOR STRAIGHT AWAY FOR IT TO STOP NOW AND TO BE COMPENSATED BUT CAN UNDERSTAND IF YOU THINK THE SALE WONT GO AHEAD IF YOU COMPLAIN. its MADNESS.

So I hate to scare you but this happened to us.

We actually gave permission and had to fill out a special form outlining exactly what they were allowed to do. We popped in a few times (we weren’t living there either at the time) and it felt odd- as if someone had slept there. We mentioned to estate agent and they said they’d make sure all was as it was meant to be. Anyway all went through and we thought no more about it.

My other half googled the house one day when a neighbour told him it had been sold again and found an auction listing for when we still owned the house!!! They sold it to someone before they even owned it. Imagine if we’d decided not to sell, or it had caught fire- I dread to think. I’d change the locks asap.

Just to add, all that work being done, is being done whilst the gas and electric bill is in your name and being used by them.

They should have arranged a Key Undertaking before exchange where the works would have been agreed.

Isn’t it also a bit unusual to be sleeping in the new place, though? Have you agreed this with your seller?

I’m a pretty laid back person in general but I would go fucking apeshit over this

I would not be happy with this at all

I'd be so annoyed with the estate agent and I would say I want it out back to how it was and I'd take the key off of them.

@Falifornia
Josh and Sam have been taken, that leaves Cliff Calley for me

Report the estate agent, they are in breach of the estate agents charter

WTF!

What would happen if a tradesman set it on fire...they would just say sorry and walk away.

You've all made me feel better.

XH sold empty family home. XH gave permission to buyers to move all their stuff in after exchange, as "they'd been let down by their movers" (pile of crap if you ask me). DS even got roped in by XH to help the buyers move their bits in.

I went apeshit at the EA, particularly as the EA director was someone I knew professionally and who I'd explained the acrimonious split to.

The EA said loads of people do it. I said I didn't and wouldn't have done, and I was disgusted that they only asked XH. I'd have found a new date if the movers were causing that many issues. The solicitor wrote a few stroppy emails saying any damage was on XH and buyers and for them to remedy financially, as I hadn't given my permission.

Spoke to a solicitor friend who helped me realise that completion would be soon and I'd absolved myself of responsibilities.

I got my own back...see secret confessions thread 😁

You have not exchanged contracts or completed on the sale so this is absolutely not ok.

Every visit should be logged on the EA system and right now you should be asking for compensation for the damage done to your property.

You should be asking what tradespeople are doing having access to the property and why they allowed them to damage it.

I would be fuming.

The buyers are not within their legal rights to carry out work on the property before completion. Contact your solicitor and let them know what’s gone on. Get them to instruct the buyers solicitor that you want the property put back to its’ original state. Your buyers have to take out insurance from the point of exchange so check that this has been done. Right up until completion anything can go wrong so this is not on. Get the keys from the EA and don’t allow any more visits without your own supervision.

Access on exchange CAN be agreed but nothing structural should take place.

that said once you’ve exchanged if they fail to complete you can very easily and successfully sue them.

time to ‘have a word’ with the EA

Yes, this is what you should do.
It's completely unacceptable and illegal for them to do any work on the houses and the estate agent should be hauled over the coals for allowing it.

Unless they have a key undertaking through the solicitor, no work should be carried out until after completion. YANBU!! The estate agents are working for you as the vendor not the buyer!! I’d go batshit crazy

No, this is quite wrong. At the very least they should have asked your permission that work could be done. Have these random people stolen any of your things, and if so, would your insurance cover it ? And what about the damage to the property ? The house is still yours until completion after all. I’d go round there, check the extent of the damage,whether any of your possessions have been stolen, inform YOUR insurance company, and then change all the locks !

No you are not being unreasonable.
You are, untill completion the owner of the property.
EA should of contacted you and asked if a legal indemnity could be put in place to allow works to be carried out. Which you and buyer would need to sign.
What if these workmen did something really stupid like knocked down a support wall and half the house fell down?
I would be fuming.
Go to agents take keys off them, tell them they must forfeit their fee in lieu of works being carried out.