Estate Agent deception

oldone_2

petek1st wrote: »

The plot thickens!

To the above, no I have never recieved any written confirmation of offers from the EA's and yes I have no proof but also I have no reason to make such statements for my benefit.

I thought I had sold my house on Friday based on the information given to me by the EA I was luckily enough to be ina position to choose between 2. The losing offer was understandably upset and to my surprise appeared at my door step today to enquiry as to why his offer wasn't accepted. After various questions and answers I asked him as to why when I had told them that I had refused an offer for £150k they came in with that as a starting point? The surprising answer came back that his original offer was in fact £152,500 and then I asked why his second offer came in at £154k and he stated that his second offer was in fact £155. His third offer was the full asking price! I am now in an untenable position where I feel I have no faith in my agent and I also have accepted an offer that due to incorrect data with regards to his financial position could see me out of pocket by nearly £5k.
I am sincerely completely at a loss as to what and why all this has happened!

If you have not exchanged contracts you do not have to go with your first purchaser.
First thing tomorrow I would tackle the agent and ask for an explanation. If it is not forthcoming go with the second buyer, and report the agent to the relevant authorities.

Also keep your solicitor in the loop.

brit1234

Its criminal. Fraud by failing to disclose information

This section has no associated Explanatory Notes
A person is in breach of this section if he—
(a)dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and
(b)intends, by failing to disclose the information—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss.

http://www.legislation.gov.uk/ukpga/2006/35/section/3

Tell the police, pass the details of the second buyer to them as a witness.

princeofpounds

If you really want to get the agent into trouble then you need to get written confirmation from both buyers and from the agent of what the offers were supposed to be. Your buyers should alos submit their offers in writing to the EA and retain a copy. The fact that you went straight down the complaint route gives you little chance to really nail the agents.

The problem you have is that even if they have served you badly they are still due a fee. If you had the evidence to have them prosecuted under the EA Act then you would be in a very strong position to negotiate a very heavy discount on fees, or you could have reported them.

petek1st

Problem is my solicitor is a part of there company too!

The ombnudsman states that you can only go to them when you have placed a complaint and it hasn't been dealt with! Currently dealing with the 2nd in command of the group as the MD surprisingly hasn't returned any of my calls!

I am just at a loss as to why this is going on it doesn't seem to make any sense as it turns out that neither of the purchasers ar etaking a mortgage through them so the only money they are going to make is my fee so I would have thought I might get a service!?!

I also feel sorry for the 2 prospective purchasers one off whom could well be gazumped by me as I have made a decision based on incomplete and incorrect information!

My other alternative is to ask both to have the house surveyed and the survey that comes out as more beneficial to me accept that offer! Any thoughts on that option?

brit1234

Its breaking criminal law, no need to go to the ombudsman.

DVardysShadow

petek1st wrote: »

The plot thickens!

To the above, no I have never recieved any written confirmation of offers from the EA's and yes I have no proof but also I have no reason to make such statements for my benefit.

princeofpounds wrote: »

If you really want to get the agent into trouble then you need to get written confirmation from both buyers and from the agent of what the offers were supposed to be. Your buyers should alos submit their offers in writing to the EA and retain a copy. The fact that you went straight down the complaint route gives you little chance to really nail the agents.

Actually, a note of the offer that the agent put forward plus a statement from the viewer who mad a higher offer should be sufficient.

googler

Hywocamma wrote: »

Hi,I know we can obtain a sales agent license in the US being on a H1B visa............

If you're still around, note that this is primarily a UK-based forum, and you're unlikely to get useful advice relating to real estate in the USA....