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Buyer has entered property pre exchange and started renovation

548 replies

Iwishiwasjoking · 08/05/2024 21:30

We were supposed to exchnage last week, then yesterday, now the proposal is exchange and complete tomorrow, all delays on buyers side told its mortgage company releasing fund.

property was vacated last week, but I removed the last items yesterday. Went back this evening to do a meter reading. Garden dug up, carpets ripped out, all windows open, lights on.

I am so shocked I have no idea what to do now …technically is burglary … but if this sale falls through I have a much less saleable house …

and before you ask how has he got in, there was a lockbox with keys in that the estate agents have been using … so either they’ve shared the code with him or he’s watched them and then let himself in.

OP posts:
SheilaFentiman · 10/05/2024 19:37

DadBodAlready · 10/05/2024 18:40

And also advise the estate agents you would be suing them as accomplices and for being complicit in the 'buyers' activities as well as informing the local 'rag' the publicity would be more damaging.

Suing as accomplices??? Really???

HappiestSleeping · 10/05/2024 19:38

Iwishiwasjoking · 09/05/2024 20:21

As far as I’m aware it was

You have a good case to not pay any estate agent fees here. Sounds like entirely their cock up.

OldPerson · 10/05/2024 19:48

I would not let it slide. It does not sound right, under any circumstance.

Absolutely NO WAY let this slide.

Your worst nightmare is that they trash the property, pull out the sale, then through a third con person, renegotiate a cheaper sell.

Get evidence, make it legal by reporting to police and solicitors tonight.

i) Complete a 111 online police report TONIGHT - be very specific and non-dramatic. "We are due to complete on this property tomorrow, however it appears that the buyer has broken into the home and vandalised the property." You are just covering your back (for legal and insurance purposes) by stating that your permission was not sought or granted.

ii) Email your solicitor TONIGHT. He will act quickly because a criminal act is occurring. Both solicitors will also be motivated to get the completion sorted asap.

iii) Ask your soliticitor to email them first thing accusing them of tresspass and vandalism, with accompanying photos, and state if the completion does not occur by midday tomorrow, you will be holding them criminally liable.

iv) Be at the property 7am with phone (for film evidence it's them who have trespassed the property). Politely but firmly insist they (or their contractors) leave the property until the sale has been completed. You can be polite and friendly, just insist they leave until the sale is complete. Just keep repeating "Under legal advice, please leave the property now".

v) You DO NOT want them to allege that you verbally agreed to this - and that is what it "may" look like if you do nothing.

And then go get some counselling or life coach lessons. Being "nice" to people does not mean they will be "nice" to you.

They are behaving criminally and you have a solicitor, who you are paying for this house sale. If you're ever going to grow a back bone and stand up for yourself, now might be a good time to try it. You've all got too much money invested in this property.

SheilaFentiman · 10/05/2024 19:50

@OldPerson
The
Sale
Has
Completed

SheilaFentiman · 10/05/2024 19:54

@OldPerson

And OP did indeed tell her solicitor and EA, who told their solicitor. She also removed the keys from the property before the CFs could use them again.

Where do you get off telling her to grow a backbone and get some counselling when you haven’t even been arsed to read her posts, or the last page or two of the thread, or to look at the date on the OP?

Iwishiwasjoking · 10/05/2024 20:13

Cosmosforbreakfast · 10/05/2024 15:11

Sure sure. My question was what explanation did the buyer give the EA for gaining access to the house though.

I’ve already stated, they said they had no idea how it could have happened.

OP posts:
Iwishiwasjoking · 10/05/2024 20:17

OldPerson · 10/05/2024 19:48

I would not let it slide. It does not sound right, under any circumstance.

Absolutely NO WAY let this slide.

Your worst nightmare is that they trash the property, pull out the sale, then through a third con person, renegotiate a cheaper sell.

Get evidence, make it legal by reporting to police and solicitors tonight.

i) Complete a 111 online police report TONIGHT - be very specific and non-dramatic. "We are due to complete on this property tomorrow, however it appears that the buyer has broken into the home and vandalised the property." You are just covering your back (for legal and insurance purposes) by stating that your permission was not sought or granted.

ii) Email your solicitor TONIGHT. He will act quickly because a criminal act is occurring. Both solicitors will also be motivated to get the completion sorted asap.

iii) Ask your soliticitor to email them first thing accusing them of tresspass and vandalism, with accompanying photos, and state if the completion does not occur by midday tomorrow, you will be holding them criminally liable.

iv) Be at the property 7am with phone (for film evidence it's them who have trespassed the property). Politely but firmly insist they (or their contractors) leave the property until the sale has been completed. You can be polite and friendly, just insist they leave until the sale is complete. Just keep repeating "Under legal advice, please leave the property now".

v) You DO NOT want them to allege that you verbally agreed to this - and that is what it "may" look like if you do nothing.

And then go get some counselling or life coach lessons. Being "nice" to people does not mean they will be "nice" to you.

They are behaving criminally and you have a solicitor, who you are paying for this house sale. If you're ever going to grow a back bone and stand up for yourself, now might be a good time to try it. You've all got too much money invested in this property.

Yea thanks for that, some unsolicited advice (in return for yours). Read the thread before you comment. Not sure where you got the I’ve been nice about this from.

OP posts:
Iwishiwasjoking · 10/05/2024 20:20

WoolySnail · 10/05/2024 09:23

Our friend ( late 30's) renovated her house last year and had the whole house re-plastered.....then promptly papered the whole of the upstairs in woodchip! We of course all said how lovely it was whilst secretly thinking wtf she was thinking lol. Each to their own I guess.

blimey i didn’t realise they still made woodchip … *bringing back 80s child nightmares here

OP posts:
Iwishiwasjoking · 10/05/2024 20:23

Hihellogoodbye · 10/05/2024 18:35

I wonder which firm of estate agents is in question here 🧐

could it be the largest estate agents firm? Just asking for a friend 🤔

Nope its a local firm no other offices

OP posts:
Cosmosforbreakfast · 10/05/2024 20:24

Iwishiwasjoking · 10/05/2024 20:13

I’ve already stated, they said they had no idea how it could have happened.

Yes I know. I saw that. My question was what explanation did the buyer give the EA? Do you mean that after telling you they they had no idea, EA didn't contact buyer to ask them how they gained access? That would have let them know exactly how it happened and they could relay that information back to you.

Nickinoo22 · 10/05/2024 20:30

Curiousto · 09/05/2024 07:17

My last buyers practically moved in before exchange. When I found all their stuff and blew up at the EA, the EA said the buyer removal arrangements had fallen through, so they had to move in as much as they could pre exchange or the chain would fall through.

Their beds were up in the bedrooms, fully made up with linen. Their books were out on the bookshelves. This wasn't getting loads of stuff in quickly, it was setting up home! I hadn't even moved my final bits out yet 😳

I made it clear to the EA that what they had done was illegal and they should have discussed the chain situation with me. I rang a solicitor friend who reminded me eyes on the prize...exchange in 2 days...if it isn't, call me back.

So I went back in my house to grab the final items and, oh dear, the final items just happened to be behind some very poorly stacked boxes. I accidentally knocked those boxes to the floor. Unfortunately it sounded like an item or two may have got broken inside. Those boxes just happened to fall on another stack of poorly dumped items. Which had the domino effect across my garage. Oh dear.

I also found a spare garage remote key in my glovebox a few days after completion. There are still occasions 3 years on where the button on the key seems to accidentally get triggered when I drive past the house. Leaving their garage door, and therefore access to the house, wide open.

All the EA ever did was send me a bunch of flowers as an apology. I didn't have the energy to take things further. I do now blacken his name in the town every chance I get.

I too am curious as to how yours will conclude @Iwishiwasjoking Please come back and update.

Edited

I know I shouldn't find this so funny... the boxes I mean and the garage door having a life of it's own, brilliant 😂 ... but the disgusting behaviour these people are allowed to get away with is shocking including EA ! A bunch of flowers!?!?
Hope op sale goes through....

LindorDoubleChoc · 10/05/2024 20:42

"People on mumsnet will tell you that this is normal but they will most probably have done this themselves so are no moral compass."

Literally no one has said this. RTFT before making insulting and out of date comments.

Iwishiwasjoking · 10/05/2024 20:45

Cosmosforbreakfast · 10/05/2024 20:24

Yes I know. I saw that. My question was what explanation did the buyer give the EA? Do you mean that after telling you they they had no idea, EA didn't contact buyer to ask them how they gained access? That would have let them know exactly how it happened and they could relay that information back to you.

Nothing been relayed back sorry, misunderstood your question

OP posts:
Tallerandtall · 10/05/2024 20:59

@Iwishiwasjoking

if you are unlucky they will now say the place isn’t worth the same and drop the price 20k .

call the police now
call the estate agent now
call your insurance now

until exchange there is really no deal atall

CustardySergeant · 10/05/2024 20:59

Nickinoo22 "Hope op sale goes through...."

It went through yesterday.

CustardySergeant · 10/05/2024 21:00

Tallerandtall · 10/05/2024 20:59

@Iwishiwasjoking

if you are unlucky they will now say the place isn’t worth the same and drop the price 20k .

call the police now
call the estate agent now
call your insurance now

until exchange there is really no deal atall

OP exchanged and completed yesterday!

Lauraa7 · 10/05/2024 21:37

I’m so pleased it worked out for you! A friend of my mums had a similar thing happen, but before it could be resolved, the buyer died in a n accident. They then had to try and sell a trashed house!

AMinutesPeace · 10/05/2024 22:14

I read this as 'Buyer has entered puberty pre-exchange...'

Isinglass20 · 10/05/2024 22:25

So they’re using your electricity gas and water for which you’re liable.
Your insurance cover invalidated.
So if contract not exchanged and there is damage then you have no insurance to claim on.
You need to contact your solicitor asap and make a formal complaint about these EA to their professional body as this is negligent and unprofessional conduct and if contracts not exchanged they bear liability and have to return the property to its original state

SheilaFentiman · 10/05/2024 22:30

Isinglass20 · 10/05/2024 22:25

So they’re using your electricity gas and water for which you’re liable.
Your insurance cover invalidated.
So if contract not exchanged and there is damage then you have no insurance to claim on.
You need to contact your solicitor asap and make a formal complaint about these EA to their professional body as this is negligent and unprofessional conduct and if contracts not exchanged they bear liability and have to return the property to its original state

Oh goddess, read the post about 3 above yours before you post!

RampantIvy · 10/05/2024 23:08

Isinglass20 · 10/05/2024 22:25

So they’re using your electricity gas and water for which you’re liable.
Your insurance cover invalidated.
So if contract not exchanged and there is damage then you have no insurance to claim on.
You need to contact your solicitor asap and make a formal complaint about these EA to their professional body as this is negligent and unprofessional conduct and if contracts not exchanged they bear liability and have to return the property to its original state

Please read the OP's updates.

WoolySnail · 11/05/2024 08:31

Iwishiwasjoking · 10/05/2024 20:20

blimey i didn’t realise they still made woodchip … *bringing back 80s child nightmares here

Neither did we until she proudly showed us lol. We were very lucky not to put our foot in it, because when she stripped off the old paper wood chip paper and told us she'd had lovely new wallpaper we were going to say " bet you're glad to see the back of that vile wood chip"- only to see she'd replaced it with new wood chip shudder . The plasterer upon his return didn't seem overly amused either lol!!!

PineappleTime · 11/05/2024 08:40

Have you cancelled the cheque???

ICancelledTheCheque · 11/05/2024 09:52

PineappleTime · 11/05/2024 08:40

Have you cancelled the cheque???

Yes

PineappleTime · 11/05/2024 09:55

ICancelledTheCheque · 11/05/2024 09:52

Yes

😆🤌🏼