Is this actually legally 'wrong' or just morally arseholeish?

[AndShesGone]

I'm trying to buy a property. The surveyor has said it's not suitable for a mortgage (for no reason and the mortgage company are appealing).

I've just found out (through ninja means and a lot of bloody luck) that he's wanting to buy it !

Do I let the chief partner surveyor know at the company? My mortgage provider?

He's a young bloke and a right fucking wide boy.

Eeek! That is awful.

But you, OP, are awesome.

Wide boy thought he could pull the wool over your eyes and you have unmasked him PDQ.

I actually think you should talk to your own solicitor (handling the sale) before speaking to the senior partner. Get their advice on how to handle it.

They could all be in on it and may write off the 'not fit for mortgage' as an understandable error by a junior colleague and they will supervise him more closely in the future.

Even if they are not all in it together, if the senior partner talks to wide boy and tips him off, wide boy will get in first with the developer and agent and tell them not to divulge that he was interested. He could offer substantial sums for them to say they misunderstood. Or he will say that they are confused and he only contacted them on your behalf. That he went to the viewing in order to confirm his previous findings.

The taped conversation was just him finding out how much he could borrow if he were to buy a similar house to the one you want.

He's a rogue - he could easily talk his way out of this and he will try to if his career is at stake. It might be better to say nothing until he has further incriminated himself.

If you do speak to the senior partner first, tell them that you will be speaking with your solicitor about how to proceed. Do not agree to anything the senior partner wants you to do.

You need to inform the body who regulates him (RICS?) as well as his employer. Most professions have ethics requirements, he will have shat on these! What a bastard.

Well that was interesting. Who remembers Humphrey in 'yes Minister'? Cos I got him

I told him what the surveyor had done and he 'dear ladied' me. Said he was probably checking on the property again as the lender had raised a query. After a couple of minutes of him trying to flannel me I said that he had called a mortgage company and talked through the property on the phone and how much he could borrow.

He said "I'm sure that wouldn't happen, Martin (not his real name) and our firm have the highest professional standards. However I will talk to him and clear this up". In a scoffy,time to get this woman off the phone voice.

I said that I was worried he might say that and that the next call would be to my solicitor and RICS. And that I had recorded his conversation with his broker which stated it was about the property I was trying to buy.

There was then a rather tasty period of silence for a moment. Then his tone changed and he said he would sort it immediately and contact my lender this afternoon to iron this out.

I'm calling him back at 5.

This is a huge conflict of interest and should have been declared. Complain to his governing body.

Well done, you!!!! Will check back for your update. Hate men like that - what a twat.

And his boss sounds like an arse too.

You are awesome !

There is a criminal offence of Fraud by abuse of position under s4 fraud act 2006.

1. A person is in breach of this section if he:

a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person

b) dishonestly abuses that position, and intends, by means of the abuse of that position:

to make a gain for himself or another, or
to cause loss to another or to expose another to a risk of loss

1. A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.

Pompous, patronising prat!
Definitely report to RICS, they're very keen to stamp on such practices.

Absolutely place-marking! Good for you OP. I want to hear what happens at 5

Flipping 'eck!

Hope you are speaking to your solicitor as we speak.

Hope you are eating their balls for tea tonight...

Well handled, OP!

Well done, OP.

But get onto your solicitor sharpish.

Humphrey and Wide Boy could be cooking up a story right now. In fact, I suspect that is exactly what they are doing. They will be terrified that you will complain to RICS and the mortgage company so they are getting their ducks in a row.

Let your solicitor handle it. At the very least they should be paying for a new survey from an independent company of your choosing. They really should also be compensating your for defrauding you and inconveniencing you.

What a tosser Well done for catching him.

Would love to be a fly on the wall in his office right now

Brava that woman!

Don't let solicitor handle it, report it to Police.

It's professional misconduct, not a crime at this stage. The police won't give two hoots. Speak to professional standards at RICS.

If you do talk to Humphrey again (and I'd let the solicitor handle it personally) then just listen to what he says and do not get drawn into his inevitable charm offensive and any "Well, dear lady, I'm sure none of us wants any further ghastliness so how about £1K to drop it right now".

Just listen to what he says and then tell him that you will be in touch.

I know you just want it all sorted and behind you, but this is how these scrotes get away with acting as they do.

Wow OP respect

I would be livid if someone did this to undercut my house buying.

Well done on your investigative skills. I cannot wait for the update.

Place marked grabs popcorn and waits

You have him by the short and curlys and he bloody deserves to be hung out to dry!

Scumbag

feeling very smug for you OP

Huge conflict. He never should have accepted the instruction. Report and escalate. Get your lender involved.

As if buying a property isn't stressful enough

Good luck to you, don't be fobbed off.

Oh fantastic OP! Well done!
not waiting until 5pm update at all

wooooofudge I have pasted the exact legislation, are you saying Police won't give two hoots about crime under the Fraud Act?

Is it 5 clock yet?