Can my estate agent do this?

MAJORTOM

Hi all, sold my house to a buyer, after a few weeks of me looking for properties, I noticed out my window one day, my estate agent taking my buyer next door for a viewing as they were also on the market.

Later that day I found out my buyer was now buying next door and was pulling out of my sale. All 3 parties were using same estate agent!

So my question is this, can my estate agent take my buyer to anothers house for a viewing etc?

We never got to exchange of contracts but all legal stuff leading up to was going through fine.

jackomdj

Unfortunately the buyer is free to look at other properties & change their mind right up to completion (although after exchange they would have to pay for the privalage).

If they were asking to look at other properties you estate agent propably thought they had issues with buying yours & better for them to get a sale than the buyers to go elsewhere.

Good luck with finding new buyers & a new place.

macman

Yes, he can, If the buyer expressed an interest in another property on offer by the same agent then not a lot you can do. If the buyer preferred that property, then the agent will be happy to sell that to him,
Until exchange you have no contract with the buyer.
You might want to take your business to another agent though.

googler

Prior to exchange (E&W), or Conclusion of Missives (Scotland), either party can withdraw (including you).

If the buyer asks to see another property that the EA has on their books, what would you have them do? Refuse to tell them about it, refuse to show them it?

What do you think the seller of that property would say if they did? What would you say if your EA was turning away buyers like this?

There's only two parties using the same agent - you and your neighbour - unless the buyer is also selling their house with them.

poppysarah

Is nextdoor cheaper?

You could get the sale by undercutting their price?

LandyAndy

MAJORTOM wrote: »

Hi all, sold my house to a buyer, after a few weeks of me looking for properties,
We never got to exchange of contracts but all legal stuff leading up to was going through fine.

Actually, that is precisely what you didn't do.

This sort of thing happens all the time the only difference here is that you've seen it happen because you live next door.

If your buyer had decided to buy a house two streets away you would have been none the wiser as to why they pulled out.

Cannon_Fodder

MAJORTOM wrote: »

after a few weeks of me looking for properties

Maybe they got fed up waiting for progress ?

Did you keep them informed ?

Even if you did, they may have decided it was going to take longer than they preferred.

Avoriaz

Yes.

Not only can he do it, as far as I am aware he is legally and contractually obliged to do it.

He was acting for next door and was obliged to advise them of any potential buyer, even if that potential buyer was already part way through buying your or any other property.

That sounds tough but it is the way buying and selling works in England and Wales.

I think the EA should have advised you of the situation, although he may be barred from so doing by client confidentiality.



You could stay put and make life hell for the buyers when they move in next door. :A

But your best course of action is to put it down to experience, move on and find another buyer. Or maybe next door's sale will fall through and the buyer will come back to you, in which case you play hardball with him.

Good luck

[Deleted User]

Avoriaz wrote: »

Yes.

Not only can he do it, as far as I am aware he is legally and contractually obliged to do it.

You know, I'm not sure that's true.

The critical bit here is that - unless I'm wrong - your buyer had put in an offer that had been accepted, correct?

Yet you're paying the EA to act on your behalf. Is there a duty of care? Of trust? E.g. in paying the EA they are bound to act in your best interests.

I could understand if no offer had been made, but it appears they willingly invited the buyer to view another property (benefitting them?) and so breached their duty of care to you (if a duty exists).

Not sure what others think?

macman

Whether an offer has been made or not, both the OP and his neighbour had a contract with the EA. If the (former) buyer declared an interest in the other property, then the EA equally has a duty of care to the neighbour to promote his property too.
In terms of commission, it can't have made a huge difference, since it is assumed that the properties have similar values.

[Deleted User]

macman wrote: »

Whether an offer has been made or not, both the OP and his neighbour had a contract with the EA. If the (former) buyer declared an interest in the other property, then the EA equally has a duty of care to the neighbour to promote his property too.
In terms of commission, it can't have made a huge difference, since it is assumed that the properties have similar values.

It's a really interesting question though, isn't it? Does an EA owe a duty of care to a client? And if so, can he owe a duty of care to both clients simultaneously? And is this a breach?

If the EA has a duty of care to both then presumably he should have notified the vendor (who had agreed the offer) that he was showing the buyer to the neighbouring property?

Moral of the story: don't choose the same EA as your next door neighbour?