has this company acted illegally

Enfieldian

cookiemonster1972 wrote: »

If you think the estate agent bought it and sold it on, then they have not acted in your best interests and as such should be reported to the property ombudsman and the NAEA.
Hope you come to terms with it.
There are too many posts for me to read what everyone else has said but hopefully this makes sense.
Goodluck

Do you mean the OEA? (Ombudsman for Estate Agents)

Also membership of the NAEA is totally voluntary.

mostlycheerful

SUNDAY MIRROR INVESTIGATES: The estate agent con July 20 2003 by Susi Boniface

http://findarticles dot com/p/articles/mi_qn4161/is_20030720/ai_n12870745/

Yes, this is a standard fraud scam perpetrated by estate agents, solicitors, valuers, property dealers and anyone and everyone. What they’ve done to you is blatant and it would seem likely to be provable in court. However, don’t expect any help from the police as apparently they often can’t afford to do anything about these kind of multi million pound frauds as they’re too underfunded and under resourced and undermanned, as they state in the article.

‘Despite the mountain of evidence against 33-year-old Osborne, police have decided that investigating him is "not a priority". A spokesman said: "We were advised that to pursue this protracted investigation we would have to send investigators to one or more countries in order to gather evidence.’

Evidently the police believe that it is not possible to gather evidence via the postal service, courier services, faxes, emails and phone calls and that it is only possible to gather evidence physically in person by travelling to foreign countries which despite budget airlines and hotels being available all over the world are nevertheless too expensive. And so it’s better to just let the criminals continue to do crime rather than stop them, despite the cases being open and shut and having an abundance of evidence available already gathered and supplied to police by numerous victims here in UK. No, according to these police Britain can’t afford to prosecute criminals.

This is similarly as bad as the recent Home Office admission that they know who “1.6 million hardened full time criminals” are at large running amok doing monstrous evil heavy crime everywhere all the time but that there is no intention by the government, police or justice system to ever arrest, imprison or deport any of them other than the occasional token few.

So there is virtually no rule of law in UK. Government, police and justice system have almost completely failed and have abnegated their duty of care to citizens. They gave up a long time ago and currently admit to deliberately allowing “1.6 million hardened full time criminals” to attack and rob everyone all the time at will with impunity. And they clearly state that they have no intention of ever doing anything about it at all. The state fails to defend citizens and so citizens have to defend themselves the best they can.

‘Detectives say it would cost too much to gather the evidence that would put him in a criminal court. So unsuspecting customers are still trusting their house sales to a man whose wealthy lifestyle has been funded by CONNING his clients. A man whose father - who helps run the business - has a criminal conviction for fraud. [And has been to prison.]

Our investigation comes in the wake of a Consumers' Association report that showed estate agents regularly broke the law and called for mandatory licensing and training to clean up the industry. [which, of course, the government failed to do and this new government has no intention of bothering to do – they’d rather that citizens are defrauded and that con artists get rich than do anything to stop the tidal wave of evil crime]

"There's no justice," she said. "The police say it costs too much money to prosecute, which does nothing but help the criminals."

BUSINESSWOMAN Jane Duminy sold her flat in a converted chapel for pounds 95,000 and within 24 hours Michael Osborne had put it back on the market for a pounds 140,000.
Once she realised what had happened she won a legal battle for pounds 56,000 in compensation for the money lost, plus interest. "It makes me sick to think he is still out there ripping people off," she said.’

Estate agent Marcia Whyte banned
By Nick Sommerlad on April 27, 2009
"A south London estate agent has been banned after secretly planning to buy a property from a client and re-sell it for a £65,000 profit.
Marcia Whyte, of Executive Estates, South Croydon, broke the Estate Agents Act 1979, by failing to tell the vendor that she wanted to buy the property.
She also failed to tell the purchaser she had lined up about her personal interest in the property and even took a deposit, another breach of the Act.
I see she's a director of A & K Watson Limited, which is currently being wound up without ever filing accounts."

Yes, this fraud is going on all the time everywhere and no one is doing anything at all about stopping it. Victims have to get redress themselves, if they can, and there is little or no help from government or police who continue to allow the booming multi million pound property fraud business to flourish unhampered. Maybe they’re all on the take as well. That’s about the only logical reason why the governments and police forces deliberately allow such major crime to continue everywhere all the time when they could regulate the industry and arrest the criminals but choose not to do so.

clutton_2

Susanne - i do so hope that you get the full refund that you deserve.... as this certainly does sound like very sharp practice on someones part.....

from a court experience of mine years ago, after i had signed something without fully reading it, my solicitor said to me

you'd best come up with a really good answer to the judges' question "why didn't you read the whole document before you signed it "?

In the eyes of the law, we are responsible for what we sign and have a duty to read what we sign.....

terryw

The answer to this question is quite simply:

"Because my solicitor who I trusted at the time told me to sign it"

clutton_2

""Because my solicitor who I trusted at the time told me to sign it" ""

i dont belive we can, in law, abrogate our responsibilities in law in this way - ignorance is no defence in law...

i am only playing devils advocate here... not criticising OP AT ALL......

sonastin

clutton wrote: »

""Because my solicitor who I trusted at the time told me to sign it" ""

i dont belive we can, in law, abrogate our responsibilities in law in this way - ignorance is no defence in law...

i am only playing devils advocate here... not criticising OP AT ALL......

I think with matters that are beyond the understanding of the average man in the street (such as legal documents), ignorance is a defence if the professional advisor you engaged to act for you to overcome your ignorance is one of those who stitched you up. We can't all be expected to know everything about everything but we can all be expected to seek advice where we don't know.

Here's hoping that OPs new advisors are actually on her side this time...

terryw

clutton wrote: »

i am only playing devils advocate here... not criticising OP AT ALL......

I realize that Clutton.

If and when, this matter ever reaches a court the OP can prove quite definitely the amount that she was paid and the fact that she has signed for another figure (perhaps by some sleight of hand!) is likely to be even more proof of the improper actions.

bw

lindos90

Would be worth digging around and trying to find out if there was some kind of relationship beyween the EA/solicitor, and the property company. The plan for back to back sales should have been disclosed to you. From your previous post I gather that the term was not even mentioned by your solicitor until you called them after looking on mouseprice after the sale.

I would be tempted to call and speak to the new owners (or your ex neighbours could put a few feelers out if they are good friends), they may have a very interesting viewpoint, either they are in on it (fraud/moneylaundering) or they will be seriously miffed that they too have been stitched up for several thousands of pounds!

Does make you wonder if the new owners are in on it, as why would they willingly buy it for 105k possibly without viewing (as they were in a position to complete at the same time as you were so must have decided to buy at a similar time), when you had it on the market for alot less just days before.

F_T_Buyer

Hi Susanne, any update on the situation? I hope it's all working out for you.

GDB2222

I read this thread, or most of it anyway. It strikes me that the Op should focus her attention on her estate agent, not the solicitor, who hasn't done anything wrong.