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Dodgy estate agents? How to proceed?

37 replies

unavailable · 11/11/2009 20:22

I need some advice and know there are several regulars here who would have a much better idea how to proceed than I do...

In the spring we put in an offer on a house and it was accepted. We paid for a survey, and verbally agreed that we were looking to move in August. The survey brought up an issue about windows but were still keen to resolve and go ahead with the sale. Out of the blue, just before we were ready to exhange contracts, we were told by the vendors EAs that the vendors had decided not to sell and the house was taken off the market.

I have found out today - purely by fluke that the house was sold on 5th August for the same price that we had offered! I am so cross. It was so upsetting at the time and I am regressing back to that now!

I know that the estate agent's code of practice does not allow them to accept a second offer without going back to the first prospective buyer, so if they knew (and I cant see how they wouldnt, its a small town) we could put in a complaint. What I need to know is how I can confirm if the sale of the house was through this estate agent.

I am on a mission against injustice! Please help.

OP posts:
theyoungvisiter · 12/11/2009 20:10

Unavailable - what you say about your conversation with them this morning definitely puts a different slant on things.

Good luck if you decide to take it further.

bibbitybobbityhat · 12/11/2009 20:15

Oh goodness me Unavailable. That is intriguing. Who are the EA? Are they members of NAEA (National Association of Estate Agents) they have quite a rigorous code of conduct - which is why so many EAs opt out of membership! - and they really do have to be 100% scrupulous about "conflict of interest" situations like this. If they are not NAEA I fear there is not much you can do as they will never disclose their file to you, but if they are then I would recommend you start a correspondence.

unavailable · 12/11/2009 20:56

No, unfortunately they are not NAEA, but they are a member of the Surveyors association who are also regulated by an ombudsman. I have not been able to get hold of their code of practice/ members regulations yet.

Thanks for all the suggestions. I will be writing a letter of complaint and see what happens from there.

OP posts:
bibbitybobbityhat · 12/11/2009 21:00

Good luck. Don't forget to update us. [saddo emoticon].

lalalonglegs · 12/11/2009 21:25

There is the Consumers, Estate Agents and Redress Act which (I believe) went through last year after some delays which says that estate agencies have to belong to a scheme such as the Ombudsmen one - they have a clause on conflict of interest but this is English law, if you are in Scotland it may not apply.

bibbitybobbityhat · 12/11/2009 21:40

Lala - good to see you. Where you been? I miss your wise advice on the property threads (Mintyy here, should you remember ). I often wonder if Sorrento ever managed to buy a house ... or if she just scared everyone away, vendors, estate agents, mortgage brokers, surveyors, et al.

lalalonglegs · 13/11/2009 18:55

Hello bobbity/Mintyy - you moved to Woodwarde Road yet? How lovely to be missed and described as wise. Truth is, I started working full time again a few months ago and haven't needed to procrastinate had time to devote myself to other people's property problems.

I sometimes wonder about Sorrento as well - I recognised someone posting with a very similar set of circumstances and, um, tone under a different name a while ago but she seemed to disappear about the same time I did [mysterious emoticon].

bibbitybobbityhat · 13/11/2009 18:58

Oooooooo .

Woodwarde Road - ha!

GrendelsMum · 13/11/2009 22:08

You mean an estate agent was fool enough to buy the house with the illegal windows...

... am I the only one that immediately thinks that revenge, costly, sweet revenge, is available to you at any moment by shopping them to the Conservation Officer?

No, to be honest, you've probably been spared quite a bit of hassle that comes with buying a listed building that's not been maintained, as BetaDad says. But then I would say that, as yesterday I was hauled out of a conference to come to the phone to be told that my dining room ceiling had collapsed.

ABetaDad · 13/11/2009 22:18

unavailable - just to make you feel better.

I live in a rented Listed house that has been bodged up for a quick sale refurbished.

Tonight, I have water streaming down the walls of my dining room as there is a broken gutter and fall pipe outside the window. The plaster will fall off the wall and one of the plug sockets has shorted out.

There is also water streamng down the basement wall and has filled a plug socket with water. I have isolated two circuits in my house and have extension cables trailing everywhere so my boiler and TV will work. I am going away tmorrow and leaving my landlord to do the repairs.

If it was my house, I would have a bill for £1000 for cast iron gutters and downpipes as well as an electricians bill to replace and move plus sockets.

You have dodged a bullet you really you have.

unavailable · 13/11/2009 23:22

You are all very nice for trying to help me feel better!

I think I really did get over losing the house a while ago - now its about how the EA behaved, and the fact I think we were completely had over by them.

I am a bit like a dog with a bone, and want to get to the bottom of what went on, but think I will need a bit of legal advice.

I will keep you posted, and any tips/ ideas would be very gratefully received.

OP posts:
GrendelsMum · 14/11/2009 11:32

If you're going to spend money on lawyers, spend the money on champagne and a spa weekend for yourself instead - far more effective

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