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  • FIRST POST
    • tallsmithy
    • By tallsmithy 12th Oct 17, 10:29 AM
    • 24Posts
    • 4Thanks
    tallsmithy
    Estate agents mislead us
    • #1
    • 12th Oct 17, 10:29 AM
    Estate agents mislead us 12th Oct 17 at 10:29 AM
    I'm a FTB with my OH and we are about to exchange on a house. The experience has been a very stressful one as the estate agents (Purplebricks) and to some extend also the seller, have misled us by stating on the listing that the property was CHAIN FREE, when in fact it isn't.

    We found out about 5 weeks into the process, when we suddenly get immense pressure from the seller/Purplebricks to get an exchange date ASAP or the chain(??) will fall through! Luckily our solicitors have managed to get everything tied up in time to prevent this.

    What I'd like to know is can we take action against Purplebricks for what essentially was false info in their advert? I've read an article on hoa.org.uk which clearly states estate agents:

    Not leave out important information that potential buyers need to make informed decisions. They must give all the necessary information so a buyer can make an informed choice when it comes to making an offer or instructing conveyancers or surveyors

    and also:

    Not put undue pressure on any party to act quickly – to put in an offer, raise their price, skip the survey or exchange contracts

    Don't know if its worth pursuing with the Property Ombudsman, but if compensation is achievable I'm well up for it!!!
    Last edited by tallsmithy; 12-10-2017 at 10:34 AM.
Page 1
    • Comms69
    • By Comms69 12th Oct 17, 10:36 AM
    • 447 Posts
    • 310 Thanks
    Comms69
    • #2
    • 12th Oct 17, 10:36 AM
    • #2
    • 12th Oct 17, 10:36 AM
    no, obviously not.


    Clearly being in a chain wouldn't have put you off, as you didn't pull out, but instead decided to continue.


    Get the pound signs out your head, you're not due anything.
    • G_M
    • By G_M 12th Oct 17, 10:42 AM
    • 41,425 Posts
    • 47,765 Thanks
    G_M
    • #3
    • 12th Oct 17, 10:42 AM
    • #3
    • 12th Oct 17, 10:42 AM
    Agents can only go by what their clients tell them.

    If the client originally told purlebricks the sale wwas chain-free, that's how PB would advertise. Not their fault if the seller either lied, or later changed their mind.
    • tallsmithy
    • By tallsmithy 12th Oct 17, 10:44 AM
    • 24 Posts
    • 4 Thanks
    tallsmithy
    • #4
    • 12th Oct 17, 10:44 AM
    • #4
    • 12th Oct 17, 10:44 AM
    Bit rude!

    Yes, we did decide to continue, as at that point we've already incurred costs!
    The point I'm trying to make is we have been treated very unfairly in this situation, blaming us for holding everything up when in fact THEY were at fault for not being honest.

    The EA has also flouted the law here and I'm within my rights to take action against them!
    • Grenage
    • By Grenage 12th Oct 17, 10:47 AM
    • 1,249 Posts
    • 1,196 Thanks
    Grenage
    • #5
    • 12th Oct 17, 10:47 AM
    • #5
    • 12th Oct 17, 10:47 AM
    The EA has also flouted the law here
    Originally posted by tallsmithy
    But they probably haven't.

    Honestly, just move on and chalk it up to experience.
    • tallsmithy
    • By tallsmithy 12th Oct 17, 10:49 AM
    • 24 Posts
    • 4 Thanks
    tallsmithy
    • #6
    • 12th Oct 17, 10:49 AM
    • #6
    • 12th Oct 17, 10:49 AM
    They have... there are regulations brought in 2013 that state the rules by which EA have to abide. If these are breached then a complaint can be raised.
    • zx81
    • By zx81 12th Oct 17, 10:50 AM
    • 13,630 Posts
    • 14,080 Thanks
    zx81
    • #7
    • 12th Oct 17, 10:50 AM
    • #7
    • 12th Oct 17, 10:50 AM
    You're refusing to consider the fact that they were told it was chain free.

    Why is that?
    • Comms69
    • By Comms69 12th Oct 17, 10:52 AM
    • 447 Posts
    • 310 Thanks
    Comms69
    • #8
    • 12th Oct 17, 10:52 AM
    • #8
    • 12th Oct 17, 10:52 AM
    Bit rude!

    Yes, we did decide to continue, as at that point we've already incurred costs!
    The point I'm trying to make is we have been treated very unfairly in this situation, blaming us for holding everything up when in fact THEY were at fault for not being honest.

    The EA has also flouted the law here and I'm within my rights to take action against them!
    Originally posted by tallsmithy


    So what? they were rude, get over it.


    You are owed nothing. You will not win a case. You may as well take £500 and burn it.


    Just because it's not what you wanted to hear, suddenly it's rude, and 'I know my rights', well if you did you wouldn't be posting here.
    • worried jim
    • By worried jim 12th Oct 17, 10:53 AM
    • 8,628 Posts
    • 13,153 Thanks
    worried jim
    • #9
    • 12th Oct 17, 10:53 AM
    • #9
    • 12th Oct 17, 10:53 AM
    Op- you opened with the fact you are a FTB, everyone else helping you will have bought and sold multiple times, in chains and out of them, just because the answer isn't what you want to hear doesn't make them rude, just factually correct and to the point.
    "Only two things are infinite-the universe and human stupidity, and I'm not so sure about the universe"
    Albert Einstein
    • societys child
    • By societys child 12th Oct 17, 10:53 AM
    • 4,658 Posts
    • 5,029 Thanks
    societys child
    Why is that?
    Compensayshun . . .

    • Red-Squirrel
    • By Red-Squirrel 12th Oct 17, 10:56 AM
    • 1,736 Posts
    • 4,670 Thanks
    Red-Squirrel
    Loads of places are advertised as chain free when that’s not really the case, you need to take it with a pinch of salt. A lot to f the time sellers start out thinking that they’ll move into rented or in with family but then realise what a pain that is and change their mind. It’s not a big deal, most sales are in a chain and people still manage to move house!
    • tallsmithy
    • By tallsmithy 12th Oct 17, 10:59 AM
    • 24 Posts
    • 4 Thanks
    tallsmithy
    OK, the whole point of my post was to discover if anyone else has successfully held a estate agent to account... Going by replies so far it appears not or no one gives a shi....
    • warby68
    • By warby68 12th Oct 17, 11:07 AM
    • 823 Posts
    • 8,870 Thanks
    warby68
    Welcome to the world of house buying and selling.

    Chains appear and change all the time and one solicitor/agent/client blames the other, also all the time.

    It can be a bit of shock when you're a FTB with no prior experience. I'll eat my hat if you have anything actionable. Its more like the usual shifting sands of the house buying process in this country.

    Just enjoy your first home together and stop chasing compo
    • steampowered
    • By steampowered 12th Oct 17, 11:10 AM
    • 1,788 Posts
    • 1,693 Thanks
    steampowered
    The legal position is that an estate agent does not have to verify what they are told by their clients.

    You might have a claim if you could prove that purplebricks knew the property was in a chain but advertised it as chain-free. But I doubt you can prove this.

    If the seller intentionally misled you, you might have a claim against the seller (though it is difficult to see what loss you might be able to claim for). But I'm not seeing a claim against purplebricks.
    • googler
    • By googler 12th Oct 17, 11:21 AM
    • 14,382 Posts
    • 9,299 Thanks
    googler
    "OK, the whole point of my post was to discover if anyone else has successfully held a estate agent to account... Going by replies so far it appears not or no one gives a shi...."

    ...but that wasn't what you asked in the OP.

    As has been said - the agent can't be held accountable for the seller misleading them, or changing their mind and not telling the agent.
    • seven-day-weekend
    • By seven-day-weekend 12th Oct 17, 11:41 AM
    • 29,485 Posts
    • 55,135 Thanks
    seven-day-weekend
    Does it matter, seeing as you are about to exchange? What difference has it made to the sale?

    I have bought and sold several properties and been very lucky and never been in a chain, but had I have found out later, when I was about to exchange, that the other party had misrepresented the fact, it wouldn't matter one jot as long as it did not hold up the exchange/completion.
    To love someone is to learn the song in their heart and to sing it to them when they have forgotten it
    'I believe in Christianity as I believe that the sun has risen. Not only because I see it, but because I see everything by it': C.S. Lewis
    St. Augustine — 'In essentials, unity; in non-essentials, liberty; in all things, charity.'
    • Surrey_EA
    • By Surrey_EA 12th Oct 17, 11:42 AM
    • 1,145 Posts
    • 1,346 Thanks
    Surrey_EA
    I'm not sure what the financial loss is here that requires you to be compensated?
    • eschaton
    • By eschaton 12th Oct 17, 12:09 PM
    • 1,562 Posts
    • 1,266 Thanks
    eschaton
    The EA has also flouted the law here and I'm within my rights to take action against them!
    Originally posted by tallsmithy

    Go for it. Remember to report back and let us know how you got on.
    • gettingtheresometime
    • By gettingtheresometime 12th Oct 17, 12:15 PM
    • 2,852 Posts
    • 6,424 Thanks
    gettingtheresometime
    Could they have been chain free and then weren't ?


    Experience will teach you that some EAs are economical with the truth and when it comes to house buying you proceed at a pace that you're happy with, not someone else
    Lloyds OD / Natwest OD / PO CC / Wescott cleared thanks to the 1 debt v 100 day challenge


    Next on the list - the Argos Card!
    • Akahotpot
    • By Akahotpot 12th Oct 17, 1:26 PM
    • 47 Posts
    • 19 Thanks
    Akahotpot
    I am buying a property managed by PB and they told the vendors I was chain free but what I told them was I was single with mortgage offer in place and didn't need to sell my house to raise the deposit...not the same thing
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