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Estate agent lied to make a sale! Help

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  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Unfortunately there a lots of people on this site who get great pleasure in other peoples mistakes, best to just ignore them.

    The end of the day the EA lied to you and that's not on. Admittedly it's hard to prove but it may be worth threatening them with https://www.moneyclaim.gov.uk/csmco2/index.jsp

    Is the EA a big chain?
  • Zandoni wrote: »
    Unfortunately there a lots of people on this site who get great pleasure in other peoples mistakes, best to just ignore them.

    The end of the day the EA lied to you and that's not on. Admittedly it's hard to prove but it may be worth threatening them with https://www.moneyclaim.gov.uk/csmco2/index.jsp

    Is the EA a big chain?

    Thank you for that. It is true, they lied to us. We have sent a letter to the EA which is Indigo Residential, the owner of the building and a copy to the Trading Standards that explains what happened and that we want our money back within 14 days or we will start legal action against the EA.

    Jorgan, we have already pulled out, however, before we did we contacted the EA and explained that we wanted what were promised to start with or we would pull out. The EA just said that there was no way that we were getting everything that was in the show flat, and if that were my conditions that I was more than welcome to pull out there and then!!!!
  • ts_aly2000 wrote: »
    It's no surprise that the EA and the Developer haven't lost their pride yet, and can AFFORD to still be difficult. Anyone would think that they'd be falling over you to secure a sale, but instead they're being difficult. They haven't changed. They still think that the market is going up-up-up.

    That’s exactly what I thought!! Someone that works for the EA made a mistake, so anyone would have thought that they wouldn’t mind paying extra for the furniture they promised us to secure a sale.

    We are definitely not going to take no for an answer and let them keep our deposit. The letter that we sent today actually asks for all the money that we’ve spent with the flat until we pulled out, which adds up to £1050. (£500 deposit, £350 valuation fee, £200 solicitor’s fees). Our argument is that, if we would have been told the truth from the start we wouldn’t have gone ahead with the purchase, so we wouldn’t have paid any if these fees.

    The truth is, we don’t expect to get the whole amount back, but this way the EA might just give us the deposit back without us having to take them to court and paying out even more money to do that.
  • TugaGirl
    TugaGirl Posts: 80 Forumite
    Hi everyone,
    On my last post I said I was going to send the EA a letter. Well, we’ve sent a letter to Henley Homes, which own the building and copied in Indigo and Trading Standards. We’ve received a letter from the TS advising that, as the agreement was verbal and there was no written proof of what was promised they wouldn’t be able to help.
    We then received a reply from the Indigo. The letter is rude and too personal; the person who wrote it, which according to his signature is one of the directors says things like we’ve wasted their time and that we shouldn’t get any of the money back. That he had a meeting with Roman (the person that first showed us around and gave us the incorrect information) and that he says he didn’t say that everything in the show flat was included. We expected that anyway..

    And then, the last thing he says is that if we insist in taking Indigo to court that they will have no other choice than to start “several court proceedings against us”!!!

    What is he on about? We didn’t do anything wrong did we? Is he just trying to scare us off??

    Thanks for reading..
  • Jorgan_2
    Jorgan_2 Posts: 2,270 Forumite
    I think they are just trying to scare you. From what you have posted I don't know court proceedings can they bring against you. You should be covered under the Property Misdiscription Act, but TS must require more ammunition to go after them, which surprises me.

    Are the agents displaying any NAEA or OEA logo's on the letterheads/website? If so, make a complaint to the relevant body.

    Unfortunatley you may have to put this down to experience & walk away, frustrating & annoying to do so I'll admit.
  • geoffky
    geoffky Posts: 6,835 Forumite
    Go To The Small Claims Court Dont Let Them Take Your Hard Earned Money...
    It is nice to see the value of your house going up'' Why ?
    Unless you are planning to sell up and not live anywhere, I can;t see the advantage.
    If you are planning to upsize the new house will cost more.
    If you are planning to downsize your new house will cost more than it should
    If you are trying to buy your first house its almost impossible.
  • TugaGirl
    TugaGirl Posts: 80 Forumite
    I can’t think of they are just trying to scare me too. But, as per the letter I sent to them, as I haven’t yet received a satisfactory response I will start legal action against them within 7 days.
    Jorgan, yes, the letters have the OEA logo. And it also has a OFT approved code logo?? Do you think it’s worth sending them another letter telling them I’m going to complaint to the OEA?
    I know that we should just walk away, but like you said it is hard to do so.. Especially because no where in our paperwork we were told the £500 was not refundable!! Thanks for your help.

  • Jorgan_2
    Jorgan_2 Posts: 2,270 Forumite
    Yes complain to the OEA about the firm, don't tell them. Explain to the OEA that you have written to EA and advise them of the response you have received.
  • TugaGirl
    TugaGirl Posts: 80 Forumite
    Ok. Do you think I should just send a copy of both the letter I sent and a copy of their response?
  • Jorgan_2
    Jorgan_2 Posts: 2,270 Forumite
    I can't see it doing any harm.
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