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Original poster

house buying disaster

36 replies

housedisaster · 06/05/2006 16:48

Hi I have name changed for this. We were due to exchange yesterday, however we needed various reports which the vendors had promised us a chance to read. It came through to me at work at about 3pm, my husband wanted to read it (it indicated a bit of work that needed doing), the agent phoned at 4.55 and said if you don't complete by 5 the sellers may pull out, they called back at 5.30 and said they had matched our offer they called us at 3 today and said they now had one for 15,000 more (3%). Any suggestions. Can we sue anyone for costs? If we match that offer can we sue the agent for the difference? (they have not done a few things they should have according to the ombudsmans website) Some background is that we have done everything in less than 4 weeks since they supposedly want to move quickly and we are chain free. Don't know if anyone is still around but thanks for reading this far.

OP posts:

Carmenere · 06/05/2006 16:50

OMG - sorry no advice except speak to your solicitor.

CountessDracula · 06/05/2006 16:53

Nothing you can do really, until you have exchanged contracts they can do what they want
Sorry :(

Caligula · 06/05/2006 16:54

I don't know when the new law is coming in, but they are screwing you around big-time.

But I don't think you can sue (certainly not under the old law) because until you have signed a contract, no-one is liable for anything.

Although... I seem to remember a case a couple of years ago where someone sued successfully, even though no contract had been signed.

So it is worth speaking to your solicitor about this.

And also threatening to report the estate agents to their national asscociation.

Twiglett · 06/05/2006 16:55

until you exchange I think the vendors can do what they like

although sending you documents at 3 and demanding signatures at 5 sound a bit off but who would you sue?

who are these people who are putting offers in, was the agent still showing the property . .. did they write confirming acceptance of your offer and that the property was off the market .. sounds slightly unscrupulous to me

I would talk to your solicitor too

LIZS · 06/05/2006 16:56

Sorry, that sounds very traumatic. Your solicitor should know for sure however I doubt there is any redress for your costs as you hadn't exchanged. Sounds like they could be calling your bluff though, with buyers appearing from nowhere and noone else is going to be in as good a position to move as quickly, so you may still be in a strong position. Are the EA members of NAEA as think they have a \link{http://www.naea.co.uk/the_naea/general_public/complaints.asp\complaints procedure}.

GeorginaA · 06/05/2006 16:57

I'd be tempted to brush my hands, write off the costs and treat it as a lucky escape. IME even if you then meet their demands, they'll just piss you about further on down the line.

I'd save myself the grief and tell them where to jump...

zippitippitoes · 06/05/2006 16:58

we had this and I don't think there is much you can do, we were asked for an extra 5,000 at the eleventh hour..we were exchanging and completing on the same day and felt we had no choice.

It's tough

batters · 06/05/2006 17:02

This reply has been deleted

Message withdrawn at poster's request.

LIZS · 06/05/2006 17:06

Batters could be right - perhaps something has gone awry above them in the chain and they are playing for extra time and money ? Depends how keen you are on the house or if you are preapred to walk away. Either way not much you can do until you can speak to your solicitor on Monday. They - and the EA- will know this so by acting up today they are messing you about.

Blu · 06/05/2006 17:13

Horrible situation, but I agree -stand your ground and insist that you will sign as soon as you have read and considered the implications of the reports.
This may turnn out to be calling thier bluff....
And then if it falls through, tell the agents that you will think more than twice before looking at any other properties that they have on offer.

Original poster

housedisaster · 06/05/2006 18:55

Thanks everyone, it's obviously not been a great day and it's nice to have some sympathy. Was thinking of suing estate agent through small claims court. Yes the property was off the market we have it in writing, They have 2 badges on their website (the ombudsman and a Guild however they appear on neither website as a member we are slightly saddened to think that they would probably take it more seriously and fine them more for displaying these badges without being a member than for behaving in the way they have). I also think Georgina, Batters and Liz may have the right idea I was alarmed when I saw they intended to take the fitted kitchen, toilet roll holder and light switches as well as everything else. (Nearly posted about that too!) Will go off to the national association now. Thanks again.

OP posts:

GeorginaA · 06/05/2006 19:10

TAKING THE FITTED KITCHEN?!!! They're bonkers. Run now.

And I thought it was bad that the previous owners here took all the bathroom fittings (like loo roll holders, towel rails, etc) leaving ugly holes where they'd been taken down. Wouldn't have occured to me to take our old ones! They're fitted and part of the house, ffs!

I had hell from our buyer last move. Everything was a complete run around from the word go, including her changing her mind and suddenly lowering her offered price by about 15k on the day of wanting to exchange (she knew we were in a hurry to move - I'm sure it was deliberate). We called her bluff, told her to sod off and we were putting the house back on the market and then she started being more aquiescent. Wish we'd told her to sod off at the first sign of messing about though - would have saved us months of grief, worry and almost losing the roof over our heads (let alone the house we were trying to buy).

Don't they say that moving house is probably one of the most stressful things you'll ever do short of having a loved one die? I can believe it, I really can.

batters · 06/05/2006 20:32

This reply has been deleted

Message withdrawn at poster's request.

GeorginaA · 06/05/2006 20:42

Wow - I'm impressed you managed to move on the same day batters Bet you gained more than a few grey hairs over it though...

wannaBe1974 · 06/05/2006 20:47

tbh I'd tell them to get stuffed, especially considering they're taking the fitted kitchen? fgs! Am with others - nothing you can really do, and even if you sued you might lose and then would incur costs. If it was me I'd cut my losses and find somewhere else, good luck

UCM · 06/05/2006 21:31

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UCM · 06/05/2006 21:31

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plummymummy · 06/05/2006 22:09

They sound like c*s. How are you supposed to read reports in that time frame ffs! Like others, I wonder if they're trying to hide something. Sorry to hear you're going through this. I'm currently dealing with sale and purchase and it's very stressful isn't it. When you've invested money, it's tempting to not want to throw the towel in. However, if you give in you'll be losing a lot more.

fuzzywuzzy · 06/05/2006 22:19

I'm sorry can someone explain to me how one takes a fitted kitchen, what are they planning on doing ripping the cabinets off the walls??? Fat lot of use they'll be in their new house.....

Original poster

housedisaster · 06/05/2006 22:33

Hi everyone thanks for all the messsages can I just explain about the kitchen? (I don't want to give the wrong impression about the sellers), they are taking all the appliances fitted inside the cupboards not the actual bits of wood. I didn't think you were meant to do that because of the risk of damage and the difficulty getting replacements to fit, really sorry if I have confused any one. I don't buy a house often (won't be either at this rate!)

OP posts:

UCM · 06/05/2006 22:35

HD if they were so tight as to take fitted stuff from the kitchen then I am glad that you steered clear of them. NOBODY does that unless they are being forced to sell, its dreadful and should knock off (from what you have said) about 10% off of the sale.

batters · 06/05/2006 22:38

This reply has been deleted

Message withdrawn at poster's request.

joash · 06/05/2006 22:39

On the subject of 'tight' sellers - the owners of our previous house even took the house numbers off the front door because they had bought another house with the same number!!!!!!!

joash · 06/05/2006 22:41

and housedisaster - a seller can take anything that they want to apart from things that they have agreed to leave (in writing).
UCM - plenty of people do it - not just those who have been forced to sell.

wannaBe1974 · 06/05/2006 22:52

when we bought our current house, the sellers took the blinds off the windows of the lounge, these were custom made blinds,and as each window was a different size, there is no way they would have fitted on any other windows in house they were buying. I basically left everything, bathroom cabinets, towell rails ... the lot, won't make that mistake again - when I next move I'm taking the lot. Well with the exception of the fitted kitchen lol.

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