Estate Agent tricks and the OEA

tldkid

Darth Marty, are you or have you been an estate agent?

I ask this because when the issue was revealed, the EA(Romans) took the same laid back view saying that the probate would only take 6 weeks. In fact it took 5 months and it was a very straightforward case - 1 inheritor only in the Will.

The OEA took the view that the EA did not act illegally, but they had a duty.
i.e. I couldn't take them to court. In the ensuing argument, Romans made up even more stuff about the situation, fortunately for me, disprovable.

I learned 3 things from this that I want to share:
1) Use a recording device when talking with Estate Agents
2) EAs will lie/conceal/economise the truth on their own initiative so ask very direct questions and listen carefully to answers. They work for themselves, not the client, as this case showed me.
3) A probate timescale is completely open-ended, as David29 confirms.

In the current property market, EAs will behave even worse.

Darth_Marty

Yes I have been and am still actively involved in the market. That said a negative experience shouldnt sour your view of the whole industry.
Im not going to go overboard in any defence other than ill say ive dealt with many good agents and personally I think the grief they get is unfair.

Its all opinions though right.

Baggysdad

tldkd, Have you made a complaint against your own solicitors? They are the only one in the chain acting for you. Why did it take them a month to find out this was a probate sale? They only had to pick up the phone....

Probate taking 5 months? There's another solicitor having a larf at your expense.

I think you did well to get what you did from the OEA. Its not the estate agents taking the mick here.....

tldkid

Baggysdad, it's true that the solicitors were of little help but when are these bottom-rung, conveyancing shysters ever? Like everything else, we get what we pay for.

In Britain, I've learned now to expect a good shafting from more places than not. The power companies, the banks, petroleum companies, the treasury down to the bloke in the pub, they're all at it.

In this case, it all started with the EA and it ended with the EA. I did poll all the local estate agents about what they would do and only one replied that he would be up front with a probate. All the other deleted the emails without reply. They'll do it again every chance they'll get.

LisaLou1982

Just out of interest, why have the EA's lied? I am inclined to agree with Darth Marty - whilst there are bad EA's out there, there are also a lot of good ones - just like every other profession!!!!
You say the EA's lied, although from what you have posted, it doesnt appear like you asked the EA in first instance if it was a probate sale. It may well have been at the time of you viewing that it was being sold to fund a nursing home etc. If the situation changed, they have not done anything legally wrong per se although i always tell my clients if there is likely to be a delay.

david29dpo

It has also been known for solicitors to drag there feet a little on probate sales. In my case the solicitor is the executor, not good!

Lil_Dee_2

Baggysdad wrote: »

Probate taking 5 months? There's another solicitor having a larf at your expense.

Don't be too quick to make a judgement on that particular minefield....

I'm now into the 3rd year of probate with my mothers will (though, admittedly, her house has been sold in that time, due to that part of her will being cut and dried) due to problems within the family (greed is an ugly trait). And before you try and tell me I'm being taken for a ride, remember you know nothing about my situation, in the same way neither you nor I know nothing about situation you have commented on above.

Not everyone is lucky enough to have a straight-forward will, and agreeable family members to work with on the death of a relative. I'd have loved to have sorted my mothers estate out in 5 months !!

tldkid

LisaLou1982-I specifically asked the EA during the viewing, why the house was empty. He gave me the nursing home story (the bald-faced lie). I found out later that the house was on sale as a result of the owners death. Later, the EA told the OEA that they witheld (their words) the probate so as not to compromise the negotiation. All this in the threads, which had you read properly, would have understood also that the OEA would not have awarded in my favour (you are an estate agent!!). In my opinion, the EAdid it because no-one in a chain (about 99% of us) will touch a probate. I'm sure there are 1 or 2 honest EAs, but as I said, I polled all the EAs in the area and only one said they would reveal the probate. That's a lot of dishonest EAs.
Once again, you say delay as if it was a bus. IT'S TOTALLY OPEN-ENDED.
Here, the lawyer was also the executor and suprise, suprise, it took 5 months in the most straightforward of cases, i.e. only one inheritor in the will.
EAs of the World - when you conceal this, I the buyer, goes off to inform everyone in the chain that it's complete. I can then apply for my mortgage, arrange a survey, instruct my solicitor and all the work involved, only to have it dashed and have to start looking all over again because of you!! Do us all a favour, act decently and put 'Subject to Probate' on your notices. Why Not?