Foul Play/case for legal action

badaz52

Not sure if there are any templates out there that could help me.

GDB2222

Talk to a solicitor. Many high street solicitors will give you a free 30 min consultation.

CapJ

GDB2222 wrote: »

Talk to a solicitor. Many high street solicitors will give you a free 30 min consultation.

But won't send letters for free!

CapJ

badaz52 wrote: »

Thanks for your replies on my topic they have been really helpful.

To what level should my letter to the developer be on? should I put everything in there do you think including about the EA? or just query with them that I don't think they gave me the deal I signed for WRT PX/Easymover?

I haven't got a clue how to structure these things, same with the letter to the EA.

Any suggestions would be greatly appreciated.

Cheers!

You could start off with a letter to the developer and see what he sends. There really is not template needed.

Send to named person.

Tell him you bought the house (address). Say some nice things (if true).

Tell him there is a problem that is souring the deal. Explain what happened (in neutral terms)

Explain you feel you should at least have got the Easy Mover terms and that they should have told you they were marketing before exchange.

Say this letter should be treated as a complaint.

Ask for complaints procedured of his company

Ask him what he proposes to remedy the issue

And that's it. You won't get anything. But they might write something you can use against the EA

jonyd

If they sold it for £130,000, they lost £10k....if they sold it for £150,000, they made £10,000.
Either way, the way these things work makes this that their business, not yours!
Best to just get over it.

badaz52

CapJ wrote: »

You could start off with a letter to the developer and see what he sends. There really is not template needed.

Send to named person.

Tell him you bought the house (address). Say some nice things (if true).

Tell him there is a problem that is souring the deal. Explain what happened (in neutral terms)

Explain you feel you should at least have got the Easy Mover terms and that they should have told you they were marketing before exchange.

Say this letter should be treated as a complaint.

Ask for complaints procedured of his company

Ask him what he proposes to remedy the issue

And that's it. You won't get anything. But they might write something you can use against the EA

Done it, going to send it to the managing director at the sector head office.

badaz52

Before I send this letter, is anybody able to confirm whether a PX agreement is legally binding? or does it only become legally binding when you exchange contracts?

In other words up until exchange of contracts we still owned the property and should have been informed that it was being sold to one of the original potential suitors who already had a registered interest? in which case we would have pulled the plug on the px agreement which I don't think would have mattered to the developer as it would have saved them the estate agents fees.

Cheers.

CapJ

badaz52 wrote: »

Before I send this letter, is anybody able to confirm whether a PX agreement is legally binding? or does it only become legally binding when you exchange contracts?

In other words up until exchange of contracts we still owned the property and should have been informed that it was being sold to one of the original potential suitors who already had a registered interest? in which case we would have pulled the plug on the px agreement which I don't think would have mattered to the developer as it would have saved them the estate agents fees.

Cheers.

Assuming you are in England and Wales, I don't think it is binding as the normal point is the exchange of contracts and until that point people can / do withdraw without repercussions, but I think this is something only a solicitor could confirm (upon reading the agreement).

evoke

OP: Respectfully, I think you're taking up too much time and stress on this issue. I would be enjoying my new house and looking forward, not back. If you really would have pulled the plug on the deal then you would have had to put your house back on the market and try to sell it yourself again, complete with all the associated fees.

Your contract is with the developer of your new house. You part-exchanged your previous house for your new house. That deal was with the developer and how they sold your previous house and to whom is really not your concern.

What are you looking to get out of complaining to the developer? Is it money? How much is all the stress worth?

Personally I would leave it and get on with your life.

CapJ

evoke wrote: »

OP: Respectfully, I think you're taking up too much time and stress on this issue. I would be enjoying my new house and looking forward, not back. If you really would have pulled the plug on the deal then you would have had to put your house back on the market and try to sell it yourself again, complete with all the associated fees.

Your contract is with the developer of your new house. You part-exchanged your previous house for your new house. That deal was with the developer and how they sold your previous house and to whom is really not your concern.

What are you looking to get out of complaining to the developer? Is it money? How much is all the stress worth?

Personally I would leave it and get on with your life.

Letter doesn't cost too much stress or time. It is worth writing a couple (one to developer and one to EA) to see what the response is. It may even help provide closure through an honest explanation of their actions. The OP feels strongly about this and sometimes actually doing something can help relieve the stress.

But I do agree with the sentiment above, OP, please do not invest too much emotion, money or time in this as although the EA appears to have had a conflict of interest, proving actual damages will be very difficult. As I've said before anything you get beyond what you've got now should be regarded as a bonus. + Writing a couple of letters may help get it out of your system.