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!

But OP was using the former as a bargaining chip for the latter! Her lying EA has sabotaged that strategy.

Within a month. It's realistically priced and in an "up and coming" area. So tempting tbh.

Exactly!

If you do sell via them don't pay their invoice, it's dreadful service, you could prosecute for trespass. They may not be great at selling house but excellent liars...............

Ha no. Ohhhhh I soooo want to name them.

I think this thread has given DH and I the confidence to realise we are not overreacting and they should be more concerned about consequences than we should! I think we will set a deadline for exchange and pull out after that.

WHAT?? That is absolutely the most extraordinary story ever and gave me a much-needed laugh! They really are a law unto themselves some of these EAs!!

Unplugging the camera is criminal damage. The fact they trespassed to do it makes it a serious offence. Personally I'd call the police.

Maybe move this to legal ?

I’d pull out today, right now.

The lying about the viewing and the cameras shows a complete lack of integrity.

The buyers having the same surname as someone at the EA’s just puts the cherry on top.

Even if it’s sheer coincidence, the EA’s are proven liars. I would not want to give them a penny of commission.

This is absolutely it. They have been very misogynistic through the entire sale and that call trying to make me admit he called me was just beyond. And what makes me so cross is I'm pretty confident and able to stand my ground, I just always think about people who are less confrontational and how easily they might bully them. It's just made me so bloody cross.

That is shocking. I would tell the agent if you haven't completed by Friday you are going elsewhere.

I fully believe you that they are lying but I am unsure of how you would prove it. Unless you call their bluff with saying the call was recorded but I think it's too late for that.

Yes, both DH and I have sold a few houses too and you are being totally fair in this. It was just the fact they did it without permission and - in our opinion - prevented us using it to negotiate. But I do take your point.

This is absolutely what we will do now. We weren't sure before but now I feel quite emboldened by this thread. Thank you.

Agree - we thought the same but now I think our feeling is on the balance of objective data, what would the conclusion be.

EA's 'evidence'
-Called DH once for less than a minute.
-No automated viewing notification.
-Branch Mgr went on leave for a week next day (so was in a rush?)
-Switched off cameras the second they saw them in visible blind panic

Our 'evidence'
-Said 'no viewing' twice in 48 hours before
-Called office 6 times after security cameras alerted to people in house (have records)
-dialled police (also on records) before we realised it was EA because we thought someone was breaking in
-Left vm that was responded to by member of EA staff the following day both on phone and via email
-Had to drive 1.5 hours return to property to switch cameras on
-Numerous follow top emails complaining about this access and started a complaint about it.

Why - if we gave permission - would we have done any of that?

They are saying it's our word against his!

I mean, that's the normal person logic I think, but I suppose nothing concrete per se.

Hmm good idea - will self-report to see if they agree about moving. Thanks

How much will their commission be and how much would you accept as commission. Only pay the amount you are prepared to pay if the sale goes through and tell them you have deducted £x for blatantly going against your (their actual client) instructions. And that if they want the rest then they can swivel sue!

It isn't criminal damage as no damage has occurred. It can be trespass which is a civil matter as you did not give permission for them to enter and indeed stated the opposite.

How horrid. I had completely different issues with an estate agent and wanted to complain. Most Estate Agents are members of industry wide arbitration schemes and you appear to have them bang to rights. I would have looked for #500 compensation.

Okay - you guys have all been absolutely amazing in helping us feel okay with our anger about this. We will be giving a hard deadline for this Friday (gulp) and will seek to renegotiate commission.

I need to do some work(!), but will keep coming back to this thread over coming days. Thank you so much!

OP, can you do a sneaky Facebook search and see if the people with same surname are related? I’d bet you can find the agents online and look at their friend list?

Are you tied into a contract with them? If you pull out of the sale and sell through another agent when you are tied in with them (likely if they are a large company) then you would then be liable to pay them commission. And everyone saying don't pay their fees - their fees are to introduce a buyer to you, which is what they have done.
I'm not sticking up for them, just don't rush into a decision until you have spoken to your solicitor.

Just realised I put some of our evidence in the EA list! Sorry - you probably get the idea anyway!

A security camera that has been unplugged is no longer useful.

www.cps.gov.uk/legal-guidance/criminal-damage

Damage is not defined by the CDA 1971. It should be widely interpreted to include not only permanent or temporary physical harm, but also permanent or temporary impairment of value or usefulness - Morphitis v. Salmon [1990] Crim.L.R. 48.

Hard deadline of Friday with reduced or removed commission. Its both or neither (if you can afford to be that hard).

of course, they must remember that in the same conversation that they had about the viewing appointment with your DH, they also agreed to the removal/reduction of commission.

If you can afford to, then I would walk away. Also, go to the ombudsman.

Sneaky of them!

If they had permission, they wouldn't have needed to unplug the security cameras as they are, well, security cameras.

By unplugging them, they left the property unsecured and vulnerable and they weren't their cameras to unplug!!!

What I would do is contact the police and ask their advice on what avenues are open to you legally, or perhaps contact your solicitor who would be assisting you in the sale of the property.

I'd also pull the sale from them and if asked by another EA, I'd be sure to tell them what your experience was with Dowee, Screwya and Howe (your current EA).