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EA from hell, bullying us into exchange

62 replies

ellisss · 08/09/2017 08:13

Writing this more as therapy to deal with the anger than anything else, as I know we are right, and you guys will sympathise with the situation!!

Situation is: we are FTB in rented accommodation, viewed house for sale with tenants in, negotiated for a month and finally had offer accepted on the basis that we would proceed ASAP, started all proceedings on our part swiftly (survey done within 10 days), contracts from seller's solicitor received after more than a month and following threat of pulling out, our solicitor had multiple queries and it took seller's solicitor more than a month to get back, which is where we are now, with not all queries replied to properly.
Throughout, from first viewing, we asked when current tenants would be leaving. Standard response from EA was "I will check". Second viewing and the tenants had rearranged a lot of furniture, clearly not getting ready to leave but rather settling in even further (been there 3 years I think). Twenty days from second viewing, the EA tells us they have been handed notice, but no indication as to what the notice period is. One-two months you may think. Well, we are now two and a half months on, and we have been told that the tenants have a moving date of a month from now! Shortly followed by urgent emails from EA and seller's solicitor asking for exchange in the next few days. Our solicitor has rightly advised that we should not exchange until we have viewed the property vacant. Have repeatedly told this to the EA. He says that it is the law that the tenants will vacate, which is just a blatant lie (they even have kids so would be even harder to evict!). We haven't even seen the actual notice docs, despite our solicitor asking for them. EA is now making threats saying that the seller will not be happy and will "probably put the house back on the market"... which really sounds ridiculous given the stage we are in. The EA's behaviour is making us think they do not believe the house will be vacated when they said it will be vacated, which further motivates us to wait for exchange! Seriously, how can these people do business in this way? So unprofessional, probably thinking we are FTB and can be fooled. Well, EA from hell, you are very much mistaken!
Is this even ethical? Could we report them to a industry standards board when this is all over? Don't wish anybody else has to deal with this appalling behaviour!
We are not even sure the seller is aware of the very poor advice they are receiving from the EA, is it a big No No to try and reach out to the seller ourselves, saying that we really want to buy but this EA is making it extremely difficult?

OP posts:
SandSnakeOfDorne · 16/09/2017 12:22

Sometimes you have to write off the cost of surveys (the sunk cost fallacy). We've done that three times!

ellisss · 16/09/2017 13:37

That's true, @SandSnakeOfDorne. It's scary that such a perverse process is actually the norm and one just has to accept and get used to it....!

OP posts:
wowfudge · 16/09/2017 14:00

Get your solicitor to issue an ultimatum via the seller's solicitor that unless you hear by X date with X information, you will withdraw.

bunningsbunny · 16/09/2017 23:35

Does the property still show up on the ea's web site or rightmove etc pages?

If it does, get a friend to ring up and make enquiries - obviously not revealing any links to you. Even if it's not on there, they could say they've saved the details from looking recently and their own sale has fallen through so they're checking on others they liked on the off chance they are still available. Get them to ask about a couple of other similar places at the same time so it's not obvious they are asking about 'your' property.

The ea's response to them might be very telling - and I'm guessing they are much more likely to answer a potential sales enquiry than you!

hibernatinghorris · 20/09/2017 17:24

Don't talk to the tenants it's shit enough renting, doing viewings and being given notice without piling in.
Just wait, they aren't your issue it's the vendors. Yes you want to know where you stand but they are hardly likely to say "we were planning on waiting for bailiffs to try and get a council house"
Or
"We are going next week, we've a lovely house to go to"

the vendors can remarket the property all they like but they will have the same issue, they need the tenant out. The tenant could also refuse to do viewings for them this time.

ellisss · 20/09/2017 19:55

We finally heard from the vendor's solicitor and apparently they agree to the timeline we have suggested of exchanging after viewing the empty property the day after the tenants are supposed to leave, and completing about two weeks later... So this seems positive. Let's see if it actually happens!

OP posts:
wowfudge · 20/09/2017 19:59

Sounds promising. Do go and look for yourselves if you possibly can and check the condition of the place before exchanging.

ellisss · 09/10/2017 18:57

If anyone's interested, and to end this on a high note, I am happy to let you know that the house is finally vacant and we have exchanged :)

OP posts:
WhichJob · 09/10/2017 19:55

Yay! Congratulations

KitKat1985 · 09/10/2017 20:32

Great news. x

Mosaic123 · 10/10/2017 10:00

Wow. What a saga! Congratulations.

5rivers7hills · 10/10/2017 11:16

Huzzah!!!

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