Foul Play/case for legal action

Hanky_Panky

11 pages now wasted on this going over and over the same thing !

Just let the OP get on with it - clearly is only interested in opinios which back up his own.

badaz52

Hanky_Panky wrote: »

11 pages now wasted on this going over and over the same thing !

Just let the OP get on with it - clearly is only interested in opinios which back up his own.

Actually not true, I have considered all the opinions on here and honour that there are 2 or more ways to look at this. I look at the situation differently every day, even doubting my own opinion some times.

I just find it unbelievable that so many of you would not even bother making a complaint at all.

Hanky_Panky

badaz52 wrote: »

Actually not true, I have considered all the opinions on here and honour that there are 2 or more ways to look at this. I look at the situation differently every day, even doubting my own opinion some times.

I just find it unbelievable that so many of you would not even bother making a complaint at all.

OK I take on board your comments about considering other opinions and stand corrected.

I think many of us find it unbelievable you are prepared to complain at all.

JQ.

badaz52 wrote: »

I just find it unbelievable that so many of you would not even bother making a complaint at all.

Because nobody has done anything wrong. The EA and TW have done everything that was asked of them. Any losses you have made are as a result of your own inability to negotiate.

sonastin

badaz52 wrote: »

I just find it unbelievable that so many of you would not even bother making a complaint at all.

Because you are trying to exploit a loophole in the contracts to improve a situation you were happy with until you discovered the loophole. With no certainty that you'll succeed.

The one guaranteed outcome of your complaint is that TW and the EA will tighten up their documentation to close the loophole (as you keep telling us Barrats have already done). To me it seems like a lot of effort for little chance of reward. I wouldn't be prepared to put that effort in and I'd be getting on with enjoying my new home.

GDB2222

sonastin wrote: »

To me it seems like a lot of effort for little chance of reward. I wouldn't be prepared to put that effort in and I'd be getting on with enjoying my new home.

Hmmm, I don't agree that it's a lot of effort.

You put the chance of success at 50:50, IIRC.

The amount to claim is 10% of the cost of the new house (say £18k), less 4% of the value of the old house (say £6k).

So, that's a claim value of around £12k, with a 50:50 chance of success. The ombudsman would have to come down one side of the fence or other, although he might fudge the compensation figure, and to get that ruling the OP just has to write a couple of letters.

JQ.

THERE IS NO CLAIM AS THERE IS NO LOSS.

The EA cannot be held accountable for the money they secure on behalf of their clients - how their clients spend that money is up to them. The EA had nothing to do with the house the OP was buying. Any loss the OP made on that house was down to their poor negotiating skills.

Had the EA sold on behalf of the OP, the OP would heve received circa £138,000
As a result of the EA's actions, which the OP is not happy with, the OP received £140,000

There is no loss.

If the OP had decided to spend the £140,000 on a boat, should the EA have made endeavours to ensure the OP did not overpay, or would that be the OP's responsibility?

If the OP has overpaid for the property they bought the only party with a duty of care to them is their Surveyor.

lincroft1710

badaz52 wrote: »

EA confirmed our instruction via telephone call to still try and achieve a better deal for us. On the surface the offer from Mrs X wasn't passed on as it did not represent a better offer to us. Her offer was £140,000 TW's offer was £140,000.

It was in fact a much worse offer! After paying EA commission and TW "fees" you would have been left with £134,400 as opposed to £140,000 if you sold to TW.

There is no point you trying to argue you would be in a better position to negotiate the price for your new house as the "deal" EA refers to, is you selling your old house.

badaz52

JQ. wrote: »

THERE IS NO CLAIM AS THERE IS NO LOSS.

The EA cannot be held accountable for the money they secure on behalf of their clients - how their clients spend that money is up to them. The EA had nothing to do with the house the OP was buying. Any loss the OP made on that house was down to their poor negotiating skills.

Had the EA sold on behalf of the OP, the OP would heve received circa £138,000
As a result of the EA's actions, which the OP is not happy with, the OP received £140,000

There is no loss.

If the OP had decided to spend the £140,000 on a boat, should the EA have made endeavours to ensure the OP did not overpay, or would that be the OP's responsibility?

If the OP has overpaid for the property they bought the only party with a duty of care to them is their Surveyor.

You are forgetting one vital piece of information J.Q. Up until EOC, TW's offer was just an offer and the EA should have recognized this and passed on the other offer. Who knows what decision I may have taken at that point, my complaint is I never had the chance because an offer was not passed on.

Just because I may not have a case for any financial reimbursement, does not mean I do not have a case for complaint period.

I was left in a very difficicult position, say I had backed out of the PX while TW had an offer on the table from a private buyer, bearing in mind the advertisement had been reduced by £25,000 and then I would have had it put back up to £165,000, it would have finally put the nail in the coffin to any other interested parties.

JQ.

All still irrelevant.

Honestly I give up, you clearly have no understanding of what has happened and think someone has scammed you and are looking for ways to justify your thought process. The advice I have given you in this thread is good advice from someone who is an expert in property disputes. You are more than welcome to ignore it, however, I have recommended on several occassions that you seek legal advice - do it. Not because I think you have a case, but because until you have another expert tell you face-to-face that you don't have a case, you will continue to go round and round in circles.