Gazumped! I want reimbursing for survey

Pedro_Pig

Guys,
Thanks for your concern and advice. I'm definitely gonna push the EA on this, using the points that you have all brought to my attention, and will keep you all posted in the hope it will help someone else at a later date.
Cheers
PP

loulou41

Pedro, I feel for you. Surely the owner must have accepted your offer before you have your survey booked. Didn't you tell the EA you want the house off the market when your offer has been accepted? You have every right to ask for a reimbursement whether you are going to get it is another matter. You ust be mad with the EA, he has not handled this profesionally and you have got every right to complain.

Pedro_Pig

Nenen wrote: »

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

Nenen,
Great advice and along the lines of what I had been doing this morning. I have already asked for a reply, in email, requesting the date that they received the other offer. I'm sure they will show that the date complies with the 7 day repo period, however that will be solid evidence that they took at least 7 days to inform us of the other offer.
I'm totally up for this after winning a similar battle of ethics with a bank regarding our mortgage recently.
Cheers,
PP

hethmar

Was this a repossession sale?

pawpurrs

Yes it turns out it is.

hethmar

That is not quite the same straightforward situation then. You should have been informed at the time of your offer that offers would be accepted up to exchange of contracts.

pinkshoes

As others have mentioned, if this is a repo you're buying, then it's different, and people are free to put in offers right up to exchange of contracts, regardless of you having paid for your survey.

They still should have informed you though, as it was unfair of them to accept a higher offer knowing you were about to have a survey done.

ILW

Probabaly worse for the poor soul that had their home reposessed though.

Cazza

ILW wrote: »

Probabaly worse for the poor soul that had their home reposessed though.

Why?

THe repossessing lender is obliged to get the best possible price for the owner, they've accepted a higher offer, so there's now more chance of the mortgage being paid off with the proceeds of the sale. Surely that's a good thing? The OP has been completely stitched up, which is horrible, but why is it a worse situation for the previous occupant?

ILW

Cazza wrote: »

Why?

THe repossessing lender is obliged to get the best possible price for the owner, they've accepted a higher offer, so there's now more chance of the mortgage being paid off with the proceeds of the sale. Surely that's a good thing? The OP has been completely stitched up, which is horrible, but why is it a worse situation for the previous occupant?

Sorry, did not mean anything to do with the OPs situation. Just musing that the person reposessed probably lost everything. Sort of puts the survey fee into perspective.