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!

No its not - they could argue that all appliances should be turned off in an empty house - when I was selling my DMs house the insurance specified that all appliances should be unplugged.
They didn't really trespass, they just didnt tell the vendors they would be going in. It’s a technicality, but the Ts and Cs will cover such an eventuality, especially if they claim they did notify the vendor (its one word against another on this one)

https://www.tpos.co.uk

I would think that if the sale is imminent and the buyers really want the property, even if you relist it, they will still want it.
I wouldn't let the possible imminent sale stop me from switching EA's here.

They're just digging their own grave here.
Had you agreed to a viewing, it's very likely you would have disabled the cameras before the viewing, thereby protecting the privacy of the buyers.
It wasn't up to the EA to turn off something that was so wholly unconnected with their line of business.

Lordy lordy lordy but they are a pack of liars aren't they!

Ah. In which case the written instructions - and confirmation - will show the disconnection was performed under the direction of the OP.

Or possibly not.

Absent an obvious danger, there is little excuse for disabling a piece of security equipment. And there is a golden rule about property which is that you do not interfere with property that does not belong to you.

Clearly the OP has to balance their desired outcomes against what the art of the possible.

If they assert that you gave permission, why did they disable camera?

Perhaps you could remind the estate agent that they are acting for the seller (ie: you), they have the keys to the seller's property and should have the seller's best interests and security of the property at the forefront of their minds at all times.

Taking people round for a viewing against your express permission and then deliberately deactivating your security cameras is very sneaky and forgetting to turn your security system on again is downright negligent. It would presumably also invalidate their insurance policy.

Keep your powder dry. Wait until after you have exchanged, and then (with your solicitor's help) decide what to do next.

Does the estate agents name sound a bit like ❤️? I only ask as we had a sale fall through with them and they were adamant they had called to tell me this. You would think if they had told me I would have stopped making enquiries regarding the property instead of having to hear it from my solicitor. I would have complained but it was the branch manager that had apparently told me.

Surely even if your dh had given permission, the fact that it was then rescinded multiple times in emails after mean they shouldnt have gone ahead anyway. If theyre going to say the branch manager was confused, then that is on him and anyone who should have passed on the taking away of consent for accessing the property.

Message the estate agents' CEO and other board members through LinkedIn with your complaint. Usually works!

Remind them that they are acting for you not the buyers.

I'd rather sell it cheaper, to someone else, using a different EA, after this. I wouldn't care about shooting myself in the foot price wise or time wise, I just wouldn't want any of these CFs to have it or profit from the sale.

If OP sells to a buyer introduced by agent A, even if they then go via agent B, agent A will pursue them for a finders' fee.

I would accept the £100, retrieve the key (done) and let it go, despite it being very very rude of them.

Trespass isn’t a criminal offence so police don’t get involved.

I bet it was EA of the Exchequer? Absolute twats!

How about breaking and entering?

I’d be asking in writing if there is any conflict or connection between Buyer and any EA employee.

id be livid and tempted to walk away, I’d speak to another EA.

I would definitely speak to your solicitor about this. They may be conveyancing solicitors but they will be able to advise you correctly or put you in touch with someone who can.

I would request a face-to-face meeting with the EA who attended and the branch manager. Do not go alone. Take notes.

Ask them face-to-face to explain why, if they thought they had permission, why did the EA panic when they saw the security camera. Turning it off to protect the visitors' privacy is nonsense. It's your house. And nobody would do that 'in a panic' unless they had something to hide. Ask them to prove they were 'given permission'. Are their calls recorded? I'd really make them squirm.

I think they've taken advantage of the fact that you live a distance away and they thought they could get away with it.

I would definitely take it to the Ombudsman as well.

Stop communicating with the EA. It’s the solicitors who now need to complete the sale. So if you have a deadline of exchange by Friday, that should be communicated via the solicitors. The EA doesn’t have much influence once the offer has been accepted.
Too late for this situation but I always give EAs notice before they even start, so I and they know there’s a time limit. So I give them, say, 8 weeks’ notice that starts on day 1. Just gives you a way of getting rid of them and keeps their focus on selling your place.
Definitely tell them you will take your complaint higher and give them the option of reducing their fee.

Walk away from the sale.

Use a different estate agent.

Complain - with documentation - to the EA's registration body.

I don’t think you could pull that off in court. Some people have automated door locks, turning off the locking system is obviously not ok, as the house isn’t secure. The same argument could apply to the security cameras. For a back up argument, in a half constructed house, there are no appliances. But there are often security cameras- they serve an entirely different function from a household appliance or utility.

Oooh I’d do this too.

Read your sale contract. You may still have to pay the commission if you choose not to go ahead. There may be some leeway with failure to complete on time, but you appear to have accepted that.

I'd send a notice that the contract required completion by xxx. You were being flexible to allow additional time however you now require completion within 7 days (make the timeframe reasonable). Review the termination section in your contract and if that allows termination of the sale, then reference that. But make sure you don't have to pay the commission if you terminate.

This. Scuppering the sale will hurt you more than them. Let the sale proceed afterwards I’d be reviewing them all over social media.

I know you are furious. Understandably so. And I absolutely get why you want to walk away and abandon the sale, I really do.

But have the chance to complete on a sale with minimal fees here. If they are a large chain I am guessing you’re paying a percentage fee of sale price as your EA costs.

If they are willing to reduce that to nil, or a nominal £250 for the payment of their support team etc (I.e. no commission for the negligent agent) you have the potential to complete on your house and be better off, and you can push for completion this week.

If of course they refuse to negotiate this, and won’t give you an agreement to this in writing, I would absolutely walk away.

But if you complete this week and have minimal fees then they come out of this at a loss and you win, for want of a better word. And you have complete on the house and avoid having to do the whole process again!