Gazumped! I want reimbursing for survey

Pedro_Pig

Hi y'all,
Long time lurker looking for your views/experiences, please.

Looks like I've just been gazumped (yes, in this market!) 2 days after I had a full building survey done.
The estate agent admits that they knew about the other offer 7 days before I had the survey done (which cost me £730), but chose not to tell me about it.
After reading up on the estate agents ombudsman's site, I feel that I am correct in thinking that the EA had a duty to inform us of the other offer in order for us to put the survey on hold.

Has anyone else had a similar experience and fought the EA to reimburse for the survey?

Thanks in advance
PP

pawpurrs

Sorry to hear that, I am afraid you have little recourse, the offer is not binding untill exchange of contracts, when either yourself or the seller, can refuse to do the deal. It works both ways, having had two buyers now mess me about, I have lost money not only on soliceters, but the difference between what sale price I would have achieved 9mths ago and now. Its a crap system. The agent acts for the seller, not you, and sometimes there are even contracts race, where both parties would have surveys.

theartfullodger

Sounds positive! Must mean house prices are finally moving up... thanks for the good news...

Cheers!

Lodger

pawpurrs

Having thought about it a bit more, and reread that they knew 7 days before your survey yet let you continue with that, I feel you may have some recourse against the Agent but not against the seller, worth a shot!

Nenen

So sorry to hear that Pedro. If the seller's EA is a member of the TPO Scheme or is registered with the TPO under the Office of Fair Trading (OFT) Approved Estate Agents Redress Scheme then you may be entitled to compensation as the EA has broken the code of conduct (see below). Have a look at their website ( http://www.tpos.co.uk/index.htm ) and click on 'make a complaint' link and follow the procedure. I really hope the EA has to compensate you. Pawpaws is right that the seller doesn't have to but the EA has clearly broken the code and so the ombudsman could do so as he states "My powers allow me to make awards of compensation for financial loss and/or aggravation, distress and inconvenience, where I feel that is appropriate. The service is free of charge for the public."

The TPO code of conduct states that: "In England, Wales and Northern Ireland:

6e You must do everything you reasonably can to keep all prospective buyers who have recently made offers through you, and which have not already been rejected, informed of the existence of other offers submitted to the seller.

6g After an offer has been accepted, you must promptly tell that prospective buyer if the seller accepts another offer."

Good luck

brightonman123

no experience of such, but i feel for you- that must hurt (survey cost and loss of the house..).

do a complaint to E/A asap, copy in their ruling body AND local trading standards.

someone really needs to sort them out.. (Joanna Lumley, where are you!)

pawpurrs

Yes thats what I read nenen which made me reconsider, as its free to put a complaint in its got to be worth a shot.
They are pretty good, I know someone who got quite a large payment under the Property misdescriptions act.
How do you know that the Agent had this offer 7 days previously?

ciano125

And Estate Agents wonder why everyone hates them! Mind you, before I get all the EA's on here giving me grief "I'm not like the rest", I know not all agents are bad agents!

Make sure you throw the book at them though, go with as much weight as you can, people like this don't deserve to stay in business in such a tough market.

Nenen

Another thought.... did the EA tell you verbally that he knew of the other offer 7 days earlier or have you got it in writing? If only verbal then I would attempt to get something in writing by emailing EA and saying something along the lines of:

... further to our conversation last x date, I do wish you had informed me about the other offer you received on y date immediately as I would not have proceeded with a survey seven days later. Please could I have your assurance that, should I wish to proceed on another property through your agency, then next time you will let me know immediately another offer is made?

I would not mention the ombudsman or recompense at this stage as this will only enable them to cover their tracks and deny saying they knew about this to you. I am no legal expert but if I was you I would try and get them to commit something in writing so you have proof to show the ombudsman.
Good luck

ciano125

Just ask for a copy of all files that bear your name (in particular the file relating to (insert address)) under the freedom of information act. I dont think it actually applies to private companies, but they might not know that and send you a copy anyway. Worth a try I'd say.

Actually, I'd go down there and demand to see their file so that they cant destroy any evidence there might be. Get them to copy it as well, but you might want to offer to pay for that doing.

Trollfever

ciano125 wrote: »

Just ask for a copy of all files that bear your name (in particular the file relating to (insert address)) under the freedom of information act. I dont think it actually applies to private companies, but they might not know that and send you a copy anyway. Worth a try I'd say.

Actually, I'd go down there and demand to see their file so that they cant destroy any evidence there might be. Get them to copy it as well, but you might want to offer to pay for that doing.

I think you could use the Data Protection Act.

Good luck.