Foul Play/case for legal action

badaz52

The agreement never mentioned how offers would be dealt with, it never said we would be consulted and it never said that we wouldn't either.

My assumption was they would. It seems as soon as the PX agreement was signed and filed away they thought they had bought the house and could do what they wanted with it, as we all know UK Law says otherwise.

TBH the fact they bought it on the 30/08 and sold it on the 31/08, is merely a technicality. My agreement was for them to buy it on EOC/Completion, they agreed with someone else to sell it on, they made this agreement while I still owned the property and chose to not disclose this to me.

If anything there PX Offer was null and void once they accepted her offer.

Two people can't buy the same thing from a seller, without the seller knowing about it.

badaz52

lincroft1710 wrote: »

Did you have an agreement with TW that they would pass on to you any offers they received?

Reading your last few posts gives me the impression that you want the best of both worlds, either TW are lumbered with your house which you were unable to sell, or they find a buyer, you bypass them and sell direct to the buyer. My impressions may be wrong but this is how it is coming across.

Perhaps it is coming across like that, I am furious about what happened.

All I want out of this is a gesture of good will from TW, they didn't have to do any leg work whatsoever to find a buyer, it was all so easy for them and did not cost them anything additional other than 1% EA fees.

Lining a buyer up so it wouldn't be on their books for too long fair play, not got a problem with that.

My problem is the intentions behind it, TW in my opinion intentionally chose not to disclose there was a secured buyer or who that buyer was prior to exchanging contracts with us. They did this for one reason and one reason only so our offer wouldn't change on the new build and so that there wouldn't be a potential chain problem if we pursued her independantly.

They treated us like a commodity. I mean we paid almost £10k on top of the £199,995 for extras to go into the house, they didn't give us one thing and refused to on the provisio that they were doing us a favour (and we believed this as we did not know otherwise)

All I hope to achieve is a gesture of good will through their complaints procedure.

I hate dishonesty.

JQ.

badaz52 wrote: »

The agreement never mentioned how offers would be dealt with, it never said we would be consulted and it never said that we wouldn't either.

My assumption was they would. It seems as soon as the PX agreement was signed and filed away they thought they had bought the house and could do what they wanted with it, as we all know UK Law says otherwise.

No it does'nt - the law is not on your side. They were legally entitled to discuss offers on your house without telling you.

badaz52 wrote: »

TBH the fact they bought it on the 30/08 and sold it on the 31/08, is merely a technicality. My agreement was for them to buy it on EOC/Completion, they agreed with someone else to sell it on, they made this agreement while I still owned the property and chose to not disclose this to me.

If anything there PX Offer was null and void once they accepted her offer.

Two people can't buy the same thing from a seller, without the seller knowing about it.

I'm sorry but I really do think you've completely miss-understood the whole PX process.

The actions that both the EA and TW have taken are exactly what I would have expected them to do in the circumstances. TW would never have agreed to discuss the offers they received for your house, it would be a logistical nightmare for them if they started to having to negotiate a tri-parte agreement on every house they took in px, which may then lead to complications on the new house being bought also.

The whole purpose of the px process is to make the whole selling then buying process uncomplicated - and that's exactly what they did.

lincroft1710

badaz52 wrote: »

The agreement never mentioned how offers would be dealt with, it never said we would be consulted and it never said that we wouldn't either.

Therefore there was no agreement that they would pass offers on.

My assumption was they would.

Where contracts are concerned and in many situations you should never assume. You can't go into court and say "I assumed", the opposite side will jump on you straight away.

It seems as soon as the PX agreement was signed and filed away they thought they had bought the house and could do what they wanted with it, as we all know UK Law says otherwise.

Which law? They marketed the property, to which you agreed. Executors of a deceased estate can market the deceased's property, they don't have to own it.

TBH the fact they bought it on the 30/08 and sold it on the 31/08, is merely a technicality. My agreement was for them to buy it on EOC/Completion, they agreed with someone else to sell it on, they made this agreement while I still owned the property and chose to not disclose this to me.

But you agreed they could market the property and you had no agreement with them that they had to inform you if they found a buyer.

If anything there PX Offer was null and void once they accepted her offer.

Why?

Two people can't buy the same thing from a seller, without the seller knowing about it.

They didn't! TW bought from you, Mrs X bought from TW..

As another poster has said you bought for the same figure that your mortgage surveyor valued your home. You have no quantifiable loss.

Had TW sold your home for say £145K or the mortgage surveyor valued at say £190K, I think you may have had cause for complaint, but no guarantee you would win such an action

evoke

I'm still at a loss about the OP's issues. He got the agreed amount for his house. Where is the problem?

JQ.

badaz52 wrote: »

I hate dishonesty.

They have not been dishonest. They have done everything they said they would. They took a risk by agreeing to buy your house - if they'd ended up selling it for £100,000 would you have given them £40,000 back, because ultimately you're asking them to do exactly that in reverse.

decsdad

The bit I am a bit grey on is when TW could exchange contracts with the buyer of the OP's old house, surely this is after the OP exchanged contracts with TW to sell their house to TW.
If so then, TW had not actually sold the OP's house when they exchanged on it(to buy it), and hence took on the risk that the interested party(eventual buyer) could always pull out?

badaz52

:@ how much more do these people want off us?!?!? We want to build a conservatory within the permitted development limits and as we are leasehold they now want £180 just to grant us permission????? We don't need planning permission just leasehold landlord permission

GDB2222

Clearly, there's no point getting more conflicting advice from this forum, even though it's free, so it's a bargain! I'd seek legal advice.

badaz52

I have received a letter back from the EA regarding my complaint against them, they have checked with TW and do not feel they acted out of turn.

They have confirmed that before TW took over the marketing with them, there were 3 interested parties that viewed the property twice. They have only mentioned the names of 2 of those parties and did not mention the name of the 3rd person (who actually bought it). Not sure why?

They have stated that before they went ahead with the instruction from TW, they contacted us by telephone to ensure this was the case to drop the price to £140,000 we confirmed it was but specifically stated that as per TW's policy if a buyer came along we could pursue them independently if we want.

At no point was our prior contract ended in writing by the EA.

The other interesting thing to note here and I will be taking up this complaint directly with TW also is they DID NOT introduce the buyer who purchased the property, they were already introduced and had viewed the property twice. I believe that when she came back into the picture TW should have informed us and asked us what we wanted to do as technically we introduced her to them. She obviously was interested but did not want to pay anything close to £165,000 (the original price) when the price dropped to £140,000 she decided to put an offer in, at that stage TW were marketing the property but did not own it yet, they accepted the offer and went ahead with arrangements to sell the house to her once it became theirs. We proceeded believing their to be no onward buyer, as a result of this were knocked back on negotiations and ended up paying out more than we may have needed to.

The PX scheme is designed to take the hassle and stress out of moving, I suppose the hassle was removed but the stress wasn't. We were originally told we had 1 day to move, then we got an extension to a day and a half, then to 4 days and then last minute told no just a day and a half because the other person is moving into your old home.