Unaccompanied viewing damage - who's liable?

its_2

I have moved ~ 100 mls away and selling my now empty house with Reeds Rains who at the time I thought were more likely to sell quickly being the nearest/biggest agent [tho they charge a fixed fee 1800+vat for my 100k house]. After having almost to rewrite the brochure for them as it contained so many typos, inaccuracies etc and dealt with annoying matters like my lights being left on for a week after a viewing, sendng correspondence to the empty house they were selling rather than the one I live in etc I now have a potential buyer and was asked by RR to ok unaccompanied viewing by the BS surveyor which I did as I was told that was normal practice RR 'just wanted to check'.

The report flagged up an issue the buyer wanted to have a look at and RR contacted me at an unfortunate time and asked if I agreed that the buyer could have the keys to look at the house again ie an unaccompanied viewing. Whilst my instinct said no in case they squatted in it (why take a risk)I felt a bit bullied into agreeing in case it jeopardised the sale whereas in hindsight I feel RR should not even have asked me as it simply saved them leaving the office. After the buyer's visit I was asked to ok an unaccompanied visit from the buyer's builder which again I was told was normal practice so I did.

I subsequently visited the house and found a hole in an area of ceiling plaster which had obviously been poked by the buyer or the builder and now looks unsightly and will have to be plastered and then painted. I have asked RR who is liable for damage caused on unaccompanied visits and still awaiting an answer. Anybody know? Can't find anything in the small print about this in my contract with RR, just a reference to their being part of the property ombudsman scheme, so I also thought about complaining to that but obviously after the sale as I don't know how RR would react - anyone any experience of complaining about stuff like this?

googler

its wrote: »

just a reference to their being part of the property ombudsman scheme, so I also thought about complaining to that but obviously after the sale as I don't know how RR would react - anyone any experience of complaining about stuff like this?

You can read the Property Ombudsman Code of Practice online - google it. If the agent has contravened this code, you can complain to the ombudsman, but they insist that you proceed through the agent's own complaints procedure first, and only progress to the ombudsman if you don't get satisfaction from the agent.

Phone Reeds Rain head office and ask what their complaints procedure is.

KateLiana27

It is NOT normal practice to allow a buyer unaccompanied in the house, until completion. Not at all.

It is more usual to allow a tradesperson (surveyor, builder, electrician, plumber - we've had several in the house we're buying to do inspections) in unaccompanied. They should have to provide ID and sign the keys in and out.

Is the buyer actually going ahead with the sale?

its_2

I have not complained as such yet but written to RR asking who is liable for the damage and got no reply. This situation does not seem covered in the property ombudsman code of practice yet I can't be the first person to have been a victim of damage caused in a viewing. You'd have thought that when someone signs for the keys whether its buyer or tradesmen they would have to sign a statement as to their liability for any damage, loss of keys etc caused when viewing

I am a bit wary of complaining to RR now in case they start to mess me about and I lose the buyer who seems genuine enough

G_M

I don't know the answer I'm afraid

if buyer/builder causes damage they would be responsible I assume. But how to prove?
Agent must have a duty of care......?
Your insurance might cover you, but then there's the excess, and future impact on premiums....

Key question would be how near Exchange are you? If close, I understand you not wanting to rock the boat. Get to Exchange, then leave the buyer to sort out the damage.

The problem will be if the sale falls through.....