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Estate agent has lied about sale - wondering if i should walk away

6 replies

EssexMummy123 · 02/04/2015 18:24

So i have been waiting to exchange for 3-4 weeks on a sale without my solicitors hearing anything despite chasing a couple of times a week.

The estate agent emailed last week to say that the contract had been sent out to the buyer and the buyer had paid the deposit - my solicitor finally got a response today from the other sides solicitor to say that the contract hadn't gone out and the deposit hadn't been received and they had more enquiries to make - they had previously confirmed that they had everything they needed.

I am really upset, fed up of waiting thinking they had everything and we were on the verge of exchange, also angry that I was lied to about the deposit being paid and the contract having been sent to the buyer and generally feeling stressed with the whole thing.

It's been 2 months since the offer was accepted and I'm probably out of the exclusive tie-in period with the agent - should i walk away from this sale and find a new agent? I don't want to be in the same position with no progress in a months time.

OP posts:
specialsubject · 02/04/2015 18:34

yes. Also sack your soliitor for chasing twice a week and letting it sit with nothing happening for so long. The buyer's solicitor is also bone idle but you can't do anything about them.

LIZS · 02/04/2015 18:36

I would give them a deadline , via your solicitors. The timescales aren't that unusual and if you aren't buying you may have got into tat position quicker than they expected. EAs are notorious for bending the truth. Keep a copy and make a formal complaint to NAEA when things have gone through. You may be able to use their overhastiness to reduce the fee.

Florin · 02/04/2015 20:50

You need to be chasing solicitors and don't trust EA. We are chasing both solicitors and estate agents every day.

Spickle · 04/04/2015 10:07

Finding a new agent isn't the problem. Whatever agent you engage, it will make no difference as to how long the legalities takes and you will just be going through the motions all over again. Agents try to push things along by phoning up and down the chain to ascertain who's doing what and how long, but solicitors really just fob them off with any story just to get them off their backs. Agents are the go between, but have no definite knowledge of what's going on, they can ask but whether they are told the truth is questionable.

It doesn't matter if the contract hasn't been signed if there are still other outstanding queries. Often signed contracts sit in the file, just waiting for other information to come in. The only person you can get proper information from is your solicitor. He acts for you and can tell you once they have received the deposit. Once he confirms that there are no outstanding queries, deposit and signed contract are in, you'll be close.

Unescorted · 04/04/2015 15:35

Your solicitor is the one who needs to be sacked. The sellers solicitor drafts and sends the contract to the buyers solicitor, who then reverts it to the sellers solicitor and so forth until it is agreed between the buyer and seller. Your solicitor has either falied to send the draft or hasn't been "chasing" the buyers solicitor twice a week. The drafts get sent by email btw so shouldn't get "lost in the post"

The EA doesn't send the contract out. A good one will chase both parties solicitors and talk to the other agents in the chain to prompt and keep it moving so it has less chance of falling apart. The ettiquite is that the EA will chase the solicitor on either side of the house they are selling - if there is more than one then they take the lead on the chain chase.

ragged · 04/04/2015 15:44

Wait, OP is seller, what has OP's solicitor done wrong? They sent a contract & have chased but other solicitor wouldn't reply. Normally solicitors do ring each other back and gab while we pay but can't control the other side's solicitor.

I think OP's language about 'sending out' has confused readers.

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