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!

Did they switch the camera back on afterwards? I know you went round but they didn’t know that and if they left the cameras turned off they seriously compromised security.
They seem to be determined to barefaced lie about permission but they surely can’t justify switching the cameras off?
I’d definitely inform your solicitor, perhaps they can withhold the fee or part of it until the situation is satisfactorily resolved?
I agree it’s not worth losing the sale over but I wouldn’t let it go easily.

Oh, 100%. Insane.

They left the cameras switched off at wall, and facing wall. As part of a response to our complaint the area manager said they have spoken to the EA who switched them off and said he did so to protect privacy of buyers and then 'simply forgot' to switch them back on. 😡

That is awful and I’d also be livid! I’d definitely ask your solicitor - worst case they can’t help or advise.
I also would be hesitant to pull the sale due to cost and essentially it’s not the buyers in the wrong it’s the agent - but I’d be wanting to put the pressure on and a deadline to exchange. You can surely continue to follow up/complaint after the sale goes through?

Yo. Uo

And exactly why do the buyers, who are known to you, need or expect privacy in your house ?

Can you escalate above the area manager?

Yes, agree, and thank you.

I'm so angry but I almost feel like being angry is petty, but I think it's the lying that's now making me angrier!!

But yes, we need to remember we can continue to complain after completion (whenever that might happen!).

EXACTLY!!!!! Thank you!

Yes, we are escalating it now, just wanted to check we weren't being dicks, but this thread has reassured me the anger is justified.

If they had permission there would be no need to turn the camera off would there.

And leaving the house unsecured - they obviously scarpered in a hurry.

The area manager knows you're telling the truth but he's not going to throw the EA under the bus.

The whole thing would be comical if it wasn't so obviously underhanded.

I would be raging OP!

Stop the sale with them. They have no respect for the sellers only the buyers. How despicable.

Presumably this is the only time they have entered the property without your express permission as your camera would have picked them up otherwise. Surely though the EA would have known there was a camera if they’d been there before?
FWIW, internal cameras do not increase the security of a property because someone breaking in would only know they were there if they actually got in!
I would ask for evidence of the alleged call to your DH that morning - a screenshot of their call log should suffice - and if they fail to produce it, that’s absolutely positive evidence that no such call took place.

I might be weird, but I wouldn’t care if they’ve gone in without my permission. I would just want them to sell it in the fastest way possible.

The problem is there is no ombudsman for EAs. I don't think? Hence why they seem a law unto themselves.
He's clearly a liar. Does he want his firm to get terrible reviews? I'd be seething. Sorry I don't know what to do other than spread it round they suck.

Reviews after completion, naming names and branch.

I’d be so tempted to put it back on the market. Did you sell quickly the first time?

Firstly, I'm not sure you are as close to completion as you hope if their solicitor isn't replying to your solicitor. I think they are stringing you along. I'd be tempted to cut my losses and relist with someone else.

If im wrong and completion is imminent, I'd offer to proceed but I'd be expecting to pay zero fees to the estate agent.

It's a big chain, so I'd make it clear that the ombudsman, and sending the footage to national newspapers are both on the horizon if they can't make you an offer you are happy with.

It doesn't begin with an "F" and end in "ons" does it? If so, they have a rep for this sort of behaviour.

I would 100% pull the sale, and relist with another estate agent - I know you said you cannot afford it, but now they have done this once you 100% cannot trust them and I would not put it past the (CF) buyer to try and negotiate the price closer to completion. Tbh they sound like massive chancers who are stringing you along.

That is appalling - the fact he turned the camera off too, so he knew he was in the wrong and didn’t really have permission! Surely that’s some form of trespass.

I thought our agent was bad when he did a fake viewing - also caught on camera. He gave us feedback from them too and nobody had shown up because we were watching!

I think anyone having estate agents in the house should have security cameras

I sold a couple of properties in my life. You need the money the EA need their commission. If the other party pulled out without this extra viewing- would you be now fuming on Mumsnet about the sale falling through?

I think I would be more angry about the lies and gaslighting than the actual visit - they are seriously telling you that they spoke to your husband when they did no such thing and you have the phone records and email correspondence to prove it!! 🤬😡

I'd play this to your advantage. You want the sale to still go ahead but they have breached your trust (and possibly their own T&Cs?).
Threaten them with The Property Ombudsman, if they're a large chain they're likely to be members. Aim to get them to reduce their commission to zero.

Correct. When we sold the property my friend was still living there. The buyers had a second viewing pre-her departure. She moved out about 4 weeks ago and we put the cameras in. To be on the original timeline, the property should have fully completed about 2 weeks ago, so there wouldn't have been a need for 'viewings' as they'd own the house.

They did call DH that morning, 37 second call, that was followed up with an email from my DH to branch manager reiterating what the call was about (because they've been so bad - was just a request for an update) and no mention of a planned viewing. They are saying permission was actually granted in this call and make no reference to the follow up email!

I do get this position, and good to be balanced.