Estate agent allowed buyers to enter property and take photos without my permission

Princess9

Hi

I am not sure if anyone can help around the legalities of this at all? My EA called me last week and asked if the buyers can enter the property to measure up for some items. I said that was fine. Next thing i know, after my solicitor informing me that I dont need to complete a 6 page document for the fixtures and fittings, is that they have sent photos of insude the property to their solicitor saying that everything contained must be included in teh contract 'sold as seen'! My issue relating to teh items I am sorting with my solicitor as we have moved some stuff out but not all. My question is around the EA allowing the buyers to take 20 photos of my property without my permission? They have breeched my privacy I belive, taking photos of my persoanal items. Does anyone know my rights around this?

mr_fishbulb

How can they have breached your privacy if you gave them permission to come in and look at everything they have taken photos of?

Seems the problem here is they are under the impression that everything in the property is to be sold with it - which is not the case? Stop worrying about them taking photos and sort out what is included.

niklam

I think you should be asking your buyers where they got the impression that you were selling 'sold as seen'? I would ensure thet your estate agent and your solicitor corrects this notion asap and complete your fixtures and fitting list and send it over to their solicitors.

princeofpounds

You let them in, photos are not an issue.

There is no contract yet, so just make it clear to your solicitor, EA and the buyers what is included and what is not, that it is not 'sold as seen'.

Chipstter

I would question the suitability of your Solicitor for telling you that you don't need to fill out the fixtures and fittings document. How on earth could you defend your sale if you don't have the basic documents required?

Don't waste your energy on the buyers taking photos (although I would be outraged too), insist on completing the document and don't be held to ransom by the potential buyers. No doubt they may try to use this situation to their advantage, but stand firm

DVardysShadow

Personally, I might feel the same as you, Princess9, about the breach of privacy aspect for a little while. But, ultimately, I would not be too bothered, because you hope to be moving soon - so the pictures will no longer relate to your home - they will relate to somewhere you have moved from. You could look at is as the start of the process of detaching yourself from theold home.

As for using the photos as part of the contract, I would put an immediate stop to this. I would tell my solicitor [tell, not ask] to write along the following lines:
"My client will use the fixtures and fittings form in the normal way, rather than the photographs submitted. When your clients visited on <date>, Princess9 understood that this was to measure up. Had she been advised of your clients' intention to take photographs for fixtures and fittings, this would have been declined. Photographs are returned herewith" And ask for a copy for yourself and send one to your agent.