Security Cams Caught Estate Agent Entering Property Without Permission - Recourse?

[MyEAIsABitOfATwonk]

Hi,

Need opinions on whether we are overreacting. Bit long, will aim for brevity but apologies if I miss anything.

We are selling a property. The property was tenanted with a friend who I lived with pre-DH and when they decided to move out we put the property up for sale.

Accepted a low offer on the basis of a quick completion. It has absolutely dragged on way past agreed timescales and it's all become very fraught with estate agents for all the usual reasons, won't bore you with it all.

Our only 'bargaining chip' to push the buyers to move faster was access to the property. We had allowed them in twice to measure up, but they had family visiting last week and asked to show them around. We said not until their solicitor responded to ours regarding searches. On Tuesday last week we got notice of a viewing - this agent has a process for access where you always get an automated text & email notice of a viewing - so we contacted the EA and asked what they were doing, they apologised and the viewing was cancelled.

Wednesday EA asked us again to allow the viewing and we reiterated 'no' as we still had no response to our solicitor.

When the property was vacated we installed security cameras. We did not notify the EA of this.

Wednesday evening the security cameras alerted DH and I that someone was in the property. We looked at the feed and it was the EA! And about ten other people. They entered the property and the EA clearly spots the camera, looks shocked and immediately runs over to the camera and unplugs it. I whizzed over to the property (arrived 30 minutes later) and it was empty, with security cameras switched off and facing the bloody wall. They left the property completely unsecured.

We immediately tried to call the agent but it was after hours. The agents called back the next day apologising and that the branch manager - who was now on leave - must have been "confused" about permission - clearly untrue as we never had the usual automated text/email.

The branch manager called me on his return and repeated over and over 'you must remember we spoke, you must remember we spoke and you gave permission' when we never had a conversation that day (confirmed in phone records). It was so creepy. He has since said DH gave him permission. Essentially, as if it isn't obvious, he's lying.

We have since complained to the Area Manager who has said that the branch manager said we gave permission and has cited a phone call to DH that morning, but they are ignoring our multiple calls that night, emails about the unexpected access the next day, and general reaction that surely shows we had no idea.

What should we do? Calm down? Ombudsman? It's all just really annoying how they are lying, but it is worse because of how poor they've been handling the sale and, frankly, I'm inclined to a but of a mission of vengeance so maybe I should just let it go?

Advise me, darling vipers!

I'd pull the sale from the dodgy bastards, publicise what happened all over social media and get the police involved for trespass.

Do you still have the footage of him rushing over to the camera and turning it off?

Ask the agent who he is working for exactly!!!!
Is there confict of interest? Does he know the buyers? Is that why your selling price is so low?
Pull the sale if you can.
Ombudsman
You could ask your solicitor if they mind sending a strongly worded letter. Might cost you £100 but it might be worth it.

We soooo want to do this but truthfully now it's empty we need the money. So frustrating.

Yes, and we sent it to area manager. They still say they had permission. Unreal.

We have suspicions about a conflict of interest as the buyer shares a surname with someone at the agents. But it's a common name and we can't find a link.

It's also not a ridiculous price, we just would've held out a little longer if it weren't for them agreeing to a super swift completion (that hasn't happened 🙄).

Can you put it back on the market with another agent? Or do you think your current sale will eventually go through (very slowly)?

That is very very poor
obviously retrieve your key asap if you haven’t already. And perhaps make vague threats about following up the trespass just to put the wind up them.
i think pulling out of the sale now would be shooting yourselves in the foot but you could get stricter on deadlines for completion or you will relist and obviously with a different agent.

You could also ask for a reduction in the fee as a goodwill gesture for their dishonesty “mistake”

Ombudsman, with videos and copies of correspondence. I'd be tempted to give them a week to make progress then relist elsewhere (though that could be shooting myself in the foot).

It does feel as though completion is relatively imminent, but we don't want that to be the end of it as it felt so underhand. It was really the cherry on the icing of a dreadful selling experience. We have spoken to another agent though and given ourselves a deadline of this Friday for exchange.

Honestly, I completely agree.

Have you told your solicitor about this? I'd do that and see what they say.

We did wonder about this. They offered us £100 as 'a gesture of goodwill' which we have declined so that it doesn't compromise further action. We just aren't sure what that action might be!

We weren't sure as she's a conveyancing solicitor - but now I'm typing it it seems mad that we haven't. Will do so now - thank you.

What I’m not sure about it whether it would be unlawful given that you’d given them a key. Just not sure on that.

I’m not surprised you’re angry. Buyer and agent knew you didn’t want them measuring up until you’d had a response from their solicitor, but they went in anyway.

They meddled with your security cameras and left them turned off.

They left the house unsecured.

Now they are outright lying to you.

I don’t know what advice to give, but I would be livid in your shoes.

Agree with all of this. We have implied we may not move forward and we got them to post the key back the following day, but perhaps we need to be more 'scary'! But as you say, it's a delicate balance between vengeance and self-sabotage at this point!

Same - we aren't clear (nor is contract) on this.

I can't tell you how much I needed that reply. I'm almost emotional about it all. It truly feels like a deliberate undermining.

How many branches does the estate agent have - is it a handful or a massive chain?

Also, when you say they left the property unsecured, do you mean because the camera was unplugged? Or do you literally mean not locked up ?

Massive chain.

Just the camera unplugged.

Not that it helps, but I’d put money on the area manager knowing that you’re telling the truth, but choosing instead to cover for the estate agent.