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Conflict of Interest?
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notfrom
Posts: 3 Newbie
Not sure if this is the right place to ask but hope someone can advise - maybe a surveyor?
I have accepted an offer on my property but have concerns that the buyers surveyor has a conflict of interest. He is also the estate agent that is selling the buyers own property and took it upon himself to carry out negotiations on their behalf with my agents with regards to my selling price rather than allowing the buyers to talk directly to my agents (although I instructed my agents to talk to the buyers directly - as they had done previously when the same people made an offer that unfortunately fell through as they lost their buyer). This agent/surveyor refused to go back to the buyers when I refused the first offer and he categorically stated they would not pay a penny over that offer -which subsequently turned out to be a lie.
He has also previously called me to try and get me to move my property onto his books. On another occassion he called to say that the buyers no longer wanted to buy my place when I know in fact they have only been trying to sell their place specifically to get mine.
Basically, he's a weasel who I think will try and scupper the deal and then try and bully the current buyers into buying one of the properties he's selling. He is well aware that I do not like him and his methods.
At the very least it is shady practice but do I have a case with regards to conflict of interest - I have stated that I would rather he did not go near my place but what can I do?
Sorry for waffling on and hope this all makes sense - thanks for any help.
Nick
I have accepted an offer on my property but have concerns that the buyers surveyor has a conflict of interest. He is also the estate agent that is selling the buyers own property and took it upon himself to carry out negotiations on their behalf with my agents with regards to my selling price rather than allowing the buyers to talk directly to my agents (although I instructed my agents to talk to the buyers directly - as they had done previously when the same people made an offer that unfortunately fell through as they lost their buyer). This agent/surveyor refused to go back to the buyers when I refused the first offer and he categorically stated they would not pay a penny over that offer -which subsequently turned out to be a lie.
He has also previously called me to try and get me to move my property onto his books. On another occassion he called to say that the buyers no longer wanted to buy my place when I know in fact they have only been trying to sell their place specifically to get mine.
Basically, he's a weasel who I think will try and scupper the deal and then try and bully the current buyers into buying one of the properties he's selling. He is well aware that I do not like him and his methods.
At the very least it is shady practice but do I have a case with regards to conflict of interest - I have stated that I would rather he did not go near my place but what can I do?
Sorry for waffling on and hope this all makes sense - thanks for any help.
Nick
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Comments
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Your buyers are entitled to use whichever surveyor they want to but obviously he cannot rubbish your property if there is nothing wrong with it ! And if he tries to do so I would report him to whichever professional organisation is applicable. The problem is they can instruct anyone they want to and to get the sale you are going to have to go along with it to a point0
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I'm confused, he's a suryeyor or an estate agent?
I assume he has been given authority by your buyers to negotiate on their behalf, there is no conflict there that I can see.
The potential conflict is only if he tries to kill your deal because you are not on his books. How could you move your instruction anyway, your agents have introduced the buyers surely?
To prevent miscommunication I would follow up discussions with their agent with a note (letter or email) to both the agent and the buyer summarising what has been discussed and/or agreed.I am a Mortgage Adviser
You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
He's both. Runs an estate agency and is a FRICS.
I agree that the buyers can use whomever they wish but the system seems open to abuse.
Basically I do not trust him and believe he will try to scupper the deal to try and sell another house to my potential buyers as he'll make more money that way.
What's to stop him rubbishing my house?
It's been strange from the start - surely my buyers should be talking to me through my agents not their own? I fail to see what it is to do with the agent selling their house?
Thanks for replies.0
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