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Original poster

Estate agent/vendor situation. Please help!

54 replies

Worried247 · 11/05/2019 06:36

I've NC for this as potentially outing.

So this week we had an offer accepted on a house. The house was up for sale with a new, very small estate agent who doesn't have an office but works remotely.

Initially when we offered, the estate agent said 'the vendor did not give a particularly warm welcome to your offer as they were hoping for it sooner after your second viewing'. Some of the things he said were a bit weird - the estate agent more or less said that the vendor resented us as they lost the house they wanted because we didn't offer sooner. I was a bit like WTF (we weren't in a position to offer until this week!) but the estate agent went back and forth to the vendor and we negotiated a price.

Anyway, today the sales memorandum came through. And the vendor has got the same (unusual) name as the estate agent!!!!! So I did a quick Google and found out that the estate agent business that we have been going through, is registered at the address of the house we are buying.

To cut a long story short, the estate agent is the same man as the vendor!!!! Not once has he let on. He showed us round the bloody house as an estate agent, not once letting on that it was his house!!
He even lied to the point of pretending to go back and forth calling the vendor about our offer etc etc. When we made our offer, he was so so picky about checking that we could afford it and pretty much wanting it signed in blood. It's obvious why now!!

What would you do? Is that even legal?

To be honest, it's an old house (about 150 years old) that needs work and we are about to invest in a full structural survey and now we feel anxious. What else has this man lied about? And how could he lie to our face so many times? Would this make you uneasy? It's making us wonder what else he is lying about . I guess we should let our solicitor know so that she can ask outright?

I've hardly slept all night chewing this over.

OP posts:
Purpleneonpinkunicorns · 11/05/2019 08:33

I would back out and tell him why, how did it come about he was both parties

Original poster
Worried247 · 11/05/2019 08:37

POST EDITED BY MNHQ TO REMOVE IDENTIFYING DETAILS

He's replied to my email. What are your thoughts??

"Yes I’m both. The listing did say the property was being sold by a director of xxxx but I own the property jointly so it’s true that I did have to consult with my partner before I could commit to anything. I usually let a colleague deal with any properties I’m personally selling but he left so I couldn’t and I just wanted people to be open in their feedback when they viewed the property which might not have been the case if I had been implicit from the outset. And then you wanted a second viewing and I thought I would tell you after, but then when you became ill things went quiet anyway so there didn’t seem any point.
Nothing about the property or our circumstances has been misrepresented, I’m sure the searches, survey etc will all bear this out."

OP posts:
LIVIA999 · 11/05/2019 08:43

That's so odd.
I get how it happened and he got himself into an awkward predicament but on a professional level it's very inappropriate.
I suppose if I absolutely loved the house I'd carry on but if I wasn't obsessed with it then I'd pull out on principle. Estate agents lie- that seems to be standard but that's very strange behaviour.

ContinuityError · 11/05/2019 08:44

Have you looked up the company on Companies House to see the list of directors?

He should have made you aware of his interest before entering into negotiations under the CoPs and Section 21.

OnTheEdgeOfTheNight · 11/05/2019 08:47

What a lot of rubbish. If he was ever going to be upfront and tell buyers, he'd do so at the outset, not after a second viewing.

I assume you really like the house? I'd be wary as he's clearly unprofessional. The stuff about supposedly missing out on another property he wanted to buy makes me wonder whether he'd be fair and honest. If any other buyers appeared, he'd probably string you both along and hope you were gazumped.

blackcatclocks · 11/05/2019 08:50

I'd walk away, I find the whole thing weird and creepy.

W0rriedMum · 11/05/2019 08:51

He’s also in breach of Section 21 of Estate Agents Act 1979, which requires him to disclose his interest in the land.
I applaud this detail. I knew it was illegal. Regardless of the small print, I think he's been opaque at best.
The survey will find any issues with the house but there are two things that concern me:

  • is he going to be honest on the formal buyers report? He has form for lying
  • are you overpaying? Think carefully about the current market (slow) and perhaps ask a different estate agent in the local high street what they think.
donquixotedelamancha · 11/05/2019 09:26

Personally, I would be very, very leery about buying from someone who lied so easily. Whether you pull out really does depend on how much you want the house, but if you proceed check every detail 3 times.

If you do pull out then I would think the breach of code would give you a very good basis for pursuing costs through small claims (shit excuses not withstanding).

ContinuityError · 11/05/2019 09:48

Not sure that Section 21 can be used to pursue a civil claim though?

Turpy · 11/05/2019 09:51

What a worm.

I wouldn't trust him.

S1naidSucks · 11/05/2019 09:53

So you’re not just spending thousands on a house but paying the man that owns it more money to sell his own house. He’s a fucking genius. A lying, crooked shit, but very smart with it!

Original poster
Worried247 · 11/05/2019 10:15

I've sent the following email to the liar! We are absolute not going to get screwed over by him. Hope my email is ok? Thanks so much for all your support this morning xx

---
I understand it was written on the particulars in the small print, but you are supposed to disclose this before any negotiations start (I'm sure I don't need to quote you the estate agent's act in regards to this.). The small print could have meant you were selling it on behalf of a family member, it did not give us any indication of the truth especially when you went to great lengths to make sure we didn't know. I quote that you said our offer 'did not receive a particularly warm welcome' and you have been back and forth talking to the vendor who you said was a man - this is totally different from talking to your partner. You also stated 'I haven't spoken to THEM for a while'. This is yourself and your partner!!! Even on the email in which they (you!) accepted our offer, there was no indication of your position (attached).

You could have told us the truth at any point in this process, but chose not to. Your reasons are not valid excuses and in fact make us question your integrity even more. I can't understand any benefit from your dishonesty and the lengths you went to hide it. You know full well that legally you should have told us before we offered (see point 2h attached). I am also unhappy that you readily accepted and asked for our financial information and still were not honest. This is not acceptable. It does however explain why you were so particular about proof we can afford the house.

We spent several years having to deal with a compulsive liar who was incapable of telling the truth - a builder who was dishonest to us from the outset. We won't risk putting ourselves in this position again. If there had been some honesty, even at the point when we were about to offer, then none of this would have been an issue.

Unfortunately we are withdrawing our offer as we would be too worried to proceed. I have copied our solicitor into this email so she is aware.

We wish you all the best.

OP posts:
SaveKevin · 11/05/2019 10:23

Arse. I bought a flat from the estate agents admin.
It was all over the documents and was known as ‘x’s flat' in the office.
You’ve handled it well. What a dick.

RandomMess · 11/05/2019 10:25

Ace reply 👌

hippermiddleton · 11/05/2019 10:32

what percentage had he negotiated to cover the professional services of talking to himself, and brokering a deal with himself?!

LizzieMacQueen · 11/05/2019 10:38

Is this Essex? You might want to delete the name on an earlier post OP.

Original poster
Worried247 · 11/05/2019 10:42

It's not in Essex no, but I have asked for it to be removed xx

OP posts:
INeedAFlerken · 11/05/2019 10:53

If there is an oversight body of EAs, then I would report him as well.

I think you've been wise to withdraw your offer and call him out on it. He has behaved unprofessionally.

Mildura · 11/05/2019 11:06

If there is an oversight body of EAs

National Association of Estate Agents www.naea.co.uk/

Property Ombudsman www.tpos.co.uk/

Trading Standards www.nationaltradingstandards.uk/work-areas/estate-agency-team/

Absolutepowercorrupts · 11/05/2019 11:08

I think you've been very wise to withdraw, great letter btw. Better luck in your next choice.

Original poster
Worried247 · 11/05/2019 11:15

Here is his latest reply! The sales memorandum is NOT his position being disclosed in writing! Idiot. I'm not even going to respond anymore

--
It’s true that I had to run everything by my partner as we were resigned to staying put. There is also another interested party who is male that although not a legal owner of the property is, as I say, an interested party so I did need their approval also. Explaining further would seem superfluous now.

I don’t have your financial information, just proof you’ve got a mortgage in principle, this is information an agent would disclose to the buyer anyway.

My being the vendor makes no material difference.

If you want to pull out of a property that you were “thrilled” to be buying because of this then so be it. I hope you don’t regret it and that you will accept my apology for not being implicit sooner, but I guess it didn’t seem necessary to me until I knew you were absolutely serious and in a position proceed. At which point it was disclosed in writing to all parties.

Thanks for letting me know so quickly though

OP posts:
Original poster
Worried247 · 11/05/2019 11:20

He's just sent this through too.. lol... Someone is shitting himself!!

Just to be clear, the sales memorandum is a written document.

Good luck.

OP posts:
TwitterQueen1 · 11/05/2019 11:30

And presumably whatever EA fees you had negotiated were going to be paid to him?!

ContinuityError · 11/05/2019 11:30

The sales memorandum is a written document - but he should have notified you in writing before negotiations started, not when they have been concluded!

ContinuityError · 11/05/2019 11:32

Twitter it’s a UK house purchase so the OP wouldn’t be paying any fees to the vendor’s agent?

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