Estate agents responsibilties to buyer

biblee

Hi
I have had a quick search but couldnt find anything so apologise if this has already been covered.

To keep things brief, my grandmother is in the process of buying a house, we have viewed the house on 3 occasions, on each occassion the estate agent has not had the keys to the garage. Due to circumstances, my grandmother put in an offer of the full asking price which was accepted. However following the surveryors report it transpires that the garage roof is in need of urgent replacing, as is the garage door. We are not sure how he knew this as the EA insists that he did not have a key. Due to a neighbour having all the keys and knowing my stepfather, who was looking around the garden with a view to what alterations are needed he was able to look at the garage (she opened it for him) and concurs with the surveyor that it is in serious need to replacing.

We have since asked the estate agent to view the garage but are being told that she cannot get the keys of the solictor (is in a deceased estate). She did however indicate to me that she knew that the garage was in need of a new roof. Was she under an obligation to tell us this prior to us putting in an offer?

On a slight aside, is it possible to exchange contracts and complete on the same day if all parties agree, as I am buying my grandmother's house, and she is buying her property which is vacant and we would both like it go through asap).

Thanks in advance

strawberrylane

Get an estimate for the remedial work required on the garage and attempt to negotiate a price reduction. The agent was under no obligation to tell you about the state of the garage, provided that he/she did not make any misleading or erroneous statements concerning the state of the garage. However, if you asked a direct question about the state of the garage or about any known problems the EA should have told you about the problems with the garage if he/she was aware of them. It is entirely possible to exchange/complete on the same day if all parties agree.

matto

I would imagine the best way of establishing the condition of the roof would be to view it from the outside anyway. is it not possible to see the roof from an upstairs window?

biblee

Thanks for your responses - we plan to get some estimates done on the garage roof and try to negotiate a price reduction, but for various reasons my grandmother's cards have been played (i.e. the EA is well aware of my grandmothers desire to move to the property in question asap) so will have to see.

The EA seems to be a wolf in sheeps clothing - she was very kind and accomodating in the first stages of showing us around shortly after my grandfather's death. Then as soon as the offer was in she was on the phone threatening to show others around if we didnt speed things up (despite knowledge about my grandmother in mourning and things going asap). Now it seems that she knew about the garage but did not tell us. I just wanted to check that she wasnt going against any professional code. As I cannot be certain what we asked when first shown around I doubt we will be able to challenge her.

Thankfully its a small community and they are small firm and as they say word of mouth is the most powerful advertisment!!!

jfdi

I always understood that the EA acted for the Seller, as they're the ones that pay them!

Most EAs should at least know about the property & it's condition, but I don't think they're obligated to disclose unless specifically asked.

Only my opinion! I have no connections at all with EAs etc - just bought & sold in my time!

sophistica

Take a look at the web site for the National Association of Estate Agents to find out their responsibilities - I think it is https://www.naea.co.uk. Also drive a hard bargain on reducing the offer. Estate Agents wouldn't trust them as far as I could throw one and I have been dealing with a dozen or so over the last month.

Astaroth

Estate agents are the legal agent of the Seller and is under contract with them. Other than intentionally misleading the buyer they are under no obligation to the buyer at all.

If you had asked them a direct question they would have to answer to the best of their knowledge but they are under no obligation to offer up information... in fact if they did offer up negative information without it having been asked then they may well be in breach of their contract with the seller as they are supposed to represent the sellers best interests.

courtjester

Just to add my confirmation to other posts, an estate agent is under no obligation to point out negative aspects of any property they are selling - it is standard 'buyer beware' territory.

The law only requires that any statement made by an estate agent is truthful and accurate, so the agent would be committing an offence if he /she were to *SAY* that the garage roof was in good repair when it wasn't.

However, the law does NOT require them to point out that the garage roof was in disrepair whether they KNEW this or not, it only governs the accuracy of what they do tell you.

This is business, don't expect the agent to play fair and you won't then be disappointed. You need to gain the advantage through your own efforts, not expect them to consider your interests.

cattie

As others have said here, the ea works solely in the best interests of the seller. And so they should for the vendor has to pay a small fortune to the ea for selling their house.

Once an offer has been accepted I would expect my ea to chase up my buyers if things seemed to be moving slowly, so there is certainly nothing 'off' in the ea chasing up your grandmother.

You seem to have assumed things have been directed against your family purposely, but relax, they haven't. This is just how buying & selling property is.

You use your eyes, then those of your surveyor to try to establish any possible problems or defects that a property may have. There is no such thing as a perfect property.:p

biblee

Thanks again for your responses and clarification.

I only dealt with EA's some time back as a seller and they were ever so helpful (but then they were getting paid by us!!). I dont feel that she was acting against us, but my grandmother has taken it a little personally, given that she had only just lost her husband and whilst the EA was trying to secure her as a buyer she was ever so lovely and accomodating. Then she turned and it just goes to show that it doesnt pay to be naive and to forget that people in buisness will use what ever tactic to get what they need.

Thanks again as having that 'facts' does help to clarify things.:o