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Original poster

Help! I'm being blackmailed by estate agents!

50 replies

TomHaverford · 09/10/2015 15:17

Hi sorry this is a bit of a long one but desperately need some help!

We are buying a house through shared ownership on a new scheme they are trying. Basically we get to choose any house on the open market and the housing association will buy it for us and sell us a share. Works for us as we have outgrown our flat but can't afford to take on the full mortgage for a house in London. Anyway we have spent ages looking for a house and had several offers refused as other people had bid higher amounts.

We finally saw a house we loved but it was in a popular area and I was convinced our other offers had been overlooked due to the shared ownership arrangement as potentially vendors felt it was too complicated. When I couldn't get hold of the estate agent to book a viewing I went round to the house and met the vendor who was lovely and explained our situation. They indicated they were happy to sell to us as it turned out we knew quite a few people in common.

We went along to the open house and put an offer in on the property with the estate agent which was accepted. That was one week ago. I should mention that the estate agent is a national high St chain. At the time of our offer the EA indicated that if we were to use their broker they would make sure our bid was favourbly looked at. We didn't commit to anything but said we would consider.

We went on Wednesday to an appointment with their broker who wanted us to sign the mortgage application paperwork then and there, however due to the involvement of the housing association we couldn't sign it until Monday which I let them know.

Anyway, today the estate agent called the HA to say that the vendor was pulling out because we were taking our time and obviously not serious because we hadn't signed the paper work then and there. Tuesday wasn't good enough. Bearing in mind it was less than a week.
The HA let me know and I called the EA who informed me that he would be showing the house this weekend as they vendors wanted to look for someone else to move quickly. He said that we were looking at another broker which proved we weren't serious but as a favour to me we could come for a private viewing before the open house on Saturday and if we were to go with him to the office straight after then he wouldn't let anyone else see it.

Turns out it's a crock of shit.

I went round to see the vendor my self just now. They had no idea about any open house this weekend, just the viewing for us. They said they had no problems with the pace things were going at and they had absolutely told the EA that they were not open to any more offers.

The EA is basically trying to blackmail me into using their in house broker isn't he?

Is this illegal? What should I do?

Sorry this was so long!

OP posts:

Devora · 10/10/2015 22:04

I got royally screwed over by corrupt EAs in the early 90s. I had really hoped things had improved.

MiniCooperLover · 11/10/2015 08:19

Did you take this any further OP? Did you tell the manager you knew it was lies ???

Original poster

TomHaverford · 11/10/2015 12:10

Hi yes have had some movement. After the EA had confirmed everything in writing I double checked with the vendors who confirmed that it was absolutely not true. I also arranged to see the house today with them there as we wanted to look in the loft.

Yesterday we were supposed to meet the EA for the 'private' viewing and appointment to sign of the mortgage. We called in the morning and left a voicemail to say that we were not coming to the viewing as we had arranged a view in directly with the vendor.

This was the first time he has ever called us back in about 50 calls! Sounding very unhappy wanting to know if we had made direct contact then hung up. The vendor told us that she once again reiterated their position I.e they are not interested in any other offers and asked him what was going on with the broker and these other viewings to which he was apparently very cagey.

Not sure what next step to take is though. Will definitely be making a complaint to the ombudsman as we have evdience, but unsure if we should do it now which potentially means they can screw around with our sale or if we should wait until it's all gone through. Any thoughts appreciated!

Basically he knows now that we know what he's been doing so just have to decide to confront now or not!

OP posts:

LondonKitty · 11/10/2015 12:31

I don't know what the situation is via the HA, but you don't actually need an estate agent to go through with the sale. You can get yours and the vendors solicitors to do all the conveyancing and dealing with brokers etc. If the vendor is amenable, just get solicitors writing letters to each other to make it all official. I assume that the HA just become part of that process?

wowfudge · 11/10/2015 14:03

Just catching up with this. Is the EA you've been dealing with the branch manager? If so, then I'd take your complaint higher in the organisation. You've got to wonder whether these underhand tactics are the result of pressure to meet sales targets or as the result of a policy.

The local branch of the same organisation told me only the valuer could tell me what their fees were. Every other EA I spoke to was quite happy to tell me their fee structure over the phone. I would seriously consider not viewing a property they were marketing.

As you and the vendor seem to be getting on with things despite this person's best efforts to line his own pocket, I wonder whether the vendor could try to get the EA to waive their fees?

wowfudge · 11/10/2015 14:04

Sorry - what I mean is to dispense with their 'services' and pay them nothing for the introduction.

RandomMess · 11/10/2015 16:24

I would speak to the vendor again and if they are agreeable write to the area manager and inform them of the situation. The vendor is well within their rights to sack the estate agent as they have not complained with industry rules & regs!!! They could make them an offer that is lower than the contracted fees as you clearly had the property marketed by the EA to you.

The EA is on very dodgy grounds!

honeyroar · 13/10/2015 00:49

It would be great if the vendor did have reason to sack the estate agent. They may be able to sell it to you directly and save themselves fees.

This situation SO needs reporting and chasing. It sounds like they do it all the time.

Original poster

TomHaverford · 13/10/2015 11:42

Sorry for the late reply.

Yes I agree it would be great if the vendors sacked them as they are really lovely people and well within their rights to do it. I'm unsure if they would though. They are a very sweet older couple and I don't think they would want the trouble.

Am going with my husband today to get our documents back from their broker.

OP posts:

TheCraicDealer · 13/10/2015 14:01

If it's the same as the financial ombudsman I think you have to exhaust their internal complaints procedure before they'll look at it.

OddBoots · 17/10/2015 17:20

What absolutely disgusting practice, they sound so dodgy. I hope you had no trouble getting your documents back.

BumWad · 28/10/2015 04:39

How did you get on op?

Original poster

TomHaverford · 28/10/2015 07:28

Hi
No follow up as yet I'm sorry. We are just waiting to have our survey carried out as the EA are handling it and will then be making a formal complaint. Will update when we do!

OP posts:

gingeroots · 28/10/2015 09:14

So glad the vendors are decent people . Estate Agents/targets/pressure today has so much to answer for . It's a tough world these days .

Lots of to sweet elderly couple vendors .And to you

Original poster

TomHaverford · 28/10/2015 10:40

Thanks ginger. The vendors really are the loveliest people and have been incredibly reassuring along the way messaging when every step is complete. I don't know how I would have coped if it had been otherwise!

OP posts:

RandomMess · 30/10/2015 14:16

Hope it goes well, you could always go to the local paper with a DM sad face to give them a story...

financialwizard · 30/10/2015 17:02

Countrywide are not the only agents to practise this, and as an ex estate agency mortgage broker I can say it makes us feel incredibly uncomfortable sitting in front of someone who clearly doesn't want to be there.

There are some vendors who insist on potential purchasers financially qualified, and hearing it from someone who is qualified to assess that sometimes helps them make a decision between two potential purchasers, but the reality is it is rare.

The estate agents are not allowed to insist that you do the mortgage through their in-house broker because that would be classed as a conditional sale, especially if they are telling you scare stories. Personally I would write a complaint to the company head office.

Quratulainmahar · 09/02/2020 18:02

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

TobyHouseMan · 09/02/2020 19:21

This is actually a criminal matter with could result in them being convicted of a criminal offence. Tell them you're next stop is the Police.

If you can prove this than I bet they've broken their contact with the seller and as such they don't have to pay the fee.

If it were me I'd have left them in no doubt about my feelings.

showmethegin · 11/02/2020 17:40

@TomHaverford

Just discovered this thread and am totally gobsmacked!! I really hope you got the house and they have have been taken to task for treating you and the vendor like this?!

Sneezer · 11/02/2020 17:57

Fucking hell that's atrocious!

PerpetualCircle · 11/02/2020 23:49

I was only trying to book a viewing when EA ramped up the pressure to see their in- house financial advisor, apparently if I didn’t the ‘offer would be unlikely to succeed’. I cancelled the viewing the following day. I thought about putting a note through the door for vendors to let them know, but the house was a rental.

JumpingOnTheBed · 12/02/2020 14:54

that is soooo infuriating - we had similar when we were first time buyers - thankfully their broker was a nice lady and said she couldn't beat the mortgage we had in principle with a high street bank. Fast forward 10 years and we go to buy our second house, I was sooo sodding desperate for that house I let the EA have their own way and saw their broker, knowing full well we wouldn't be using them but just went along with it.

He was actually very good and we used that info with our actual broker who hadn't realised it.

I applaud you going to the vendor - well done you!

Just stand your ground and say no sorry not seeing your broker and keep contact with the vendor directly too.

The EA/broker just want the extra commission by selling you their products.

BringMeTea · 12/02/2020 15:05

ZOMBIE

wrongsideofhistorymyarse · 12/02/2020 15:11

I went through similar on a shared ownership property. I was 'persuaded' to visit their in-house mortgage broker. The broker bragged about them being part of the Countrywide Group.

I phoned up to discuss my offer and found out they'd told her what I'd offered. I kicked off about confidentiality and GDPR and told them I didn't want to speak to her again. I ended up buying another flat from them and they were as good as gold.

I used L&C (online broker) and they were great.

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