Is it legal?

eta68

Hi,

this is my first post and I'd like to know your opinion about what is happening to me these days. In brief:

1)Saw a property (flat) offered by the estate agency X, made an offer
2)Offer accepted after few days
3)EA X puts "under offer" in their website, erects a sign "sold" outside the property.

Everything seems to be ok, solicitor and lender mobilised (solicitor already partially paid for him to start, mortgage nearly approved)...but..

4)Outside the property (4 flats in total) one day appears a sign "to let", advertised by the EA Y

5)I have a look at EA Y website and..."my flat" is there available to be rented out!

6)Furious I call EA X. They say "it is a mistake, I'll sort it out".

7)After 1 week the sign is still there, people viewing it, I call myself EA Y to be sure it is "my" flat the one to rent (3 out of 4 were actually to rent) and..yes..they confirm that.

8)I have informed the solicitor about that. He'll write them

IS IT LEGAL ALL THAT? I made an offer for a flat to be empty (beside they know that we will be moving there). What can I do?

thank you

eta

poppysarah

Don't buy it.

So you'll be buying a flat to live in with unknown new neighbours ... all renters... mmmm I'm put off already...

Bf109

Tell the vendor that you will pull out of the sale if the flat is not taken off the rental market TODAY!

Enfieldian

No! It's illegal!

Call the Police immediately.

Ask them to send the duty Inspector to the EAs offices today.

The number is 999 if you don't have it.

Robert_Sterling_3

If you have not exchanged contracts I can't see that it is illega

googler

So... one person, or builder, owns the flat, and on the face of it, has instructed EA X to sell it, and EA Y to rent it.

Your offer accepted by EA X, but EA Y apparently doesn't know about the sale. EA Y may be acting in total innocence, unaware that EA X has been instructed to sell (however, if they're in the same locale, they should know what each other are doing, even if they don't talk to each other)

Your solicitor should write to both EAs and pull out of the transaction immediately if EA Y doesn't stop advertising it for rent.

But, as a previous poster said, do you REALLY want to be the only owner in a block of 4 where the 3 other owners are absent landlords?

maninthestreet

Perhaps the vendor is hedging their bets - if the sale to you falls through, then there is a tenant to to pay rent for a while.

OThrifty1

It is leagal for it to be advertised for rent as you have not exchanged contracts yet. There are many things that could go wrong for you which could mean you wont actually end up owning the flat before that stage. I would be concerned that you could end up with a flat with 'sitting tenants' you would then need a buy to let type mortgage. Make sure you know how much your solicitor is charging you for this letter and any time they spend on this matter. You may find you are throwing good money after bad.

hearts

Enfieldian wrote: »

No! It's illegal!

Call the Police immediately.

Ask them to send the duty Inspector to the EAs offices today.

The number is 999 if you don't have it.

LOL nice one ;-)

eta68

I understand that the owner do want to sell all of the 4 flats. The situations is:

1 flat is "sold" - say "under offer" (and not advertised as "to let")
1 flat ("mine") is "under offer" AND to let
2 flats are both for sale (seller best option) with EA X and to let with EA Y

my solicitor is not charging me any extra money for that. And I think he is really good and professional.

I appreciate that the property is open for viewings (I have myself visited "under offer" propertis) but the letting thing is, if not illegal, at least odd. The flat is NEW (renewed) and my offer reflected THAT situation.

Hope I have clarified.

Thanks

p.s. I do not call the police! if you don t know what to say, say nothing!

silvercar

OThrifty1 wrote: »

It is leagal for it to be advertised for rent as you have not exchanged contracts yet. There are many things that could go wrong for you which could mean you wont actually end up owning the flat before that stage. I would be concerned that you could end up with a flat with 'sitting tenants' you would then need a buy to let type mortgage. Make sure you know how much your solicitor is charging you for this letter and any time they spend on this matter. You may find you are throwing good money after bad.

This can't happen, the purchase contract specifies vacant possession. If vacant possession isn't provided the contract won't complete.

Most likely is that the seller is hedging their bets in case a buyer doesn't appear. They will in all probablility stall the tenant (if one appears) until the buyer either exchanges or pulls out.