Really bad experience with estate agent :(

2280Claire

Let me start with some background info I own a flat in London, and lived there for just under 2 years before I got a job in Colchester (where I am originally from).

I put my property on the market in March, and moved back to my parents temporarily whilst I waited for my flat to be sold. I am getting married in December this year, and I made it clear to the agent that I was aiming to sell by August so that I could buy a place in/around Colchester with my fianc! in time for when we get married.

My flat was on the market with the agent for 10 weeks and I could not understand why it had not been sold-fantastic location (very close to tube station and walking distance from the Olympic site). I wrote an e-mail to say that I was considering switching agents as I was not satisfied with the service provided (I had been given very little feedback, and could not understand the lack of interest). The sales negotiator who had been dealing with my sale was on holiday, and I was advised by another negotiator that they were trying to sell my flat ASAP and that there have been offers, but that they thought the offers were too low. They even gave me figures of the offers. I was utterly outraged, as I was not informed of any offers-a legal obligation. I went to the agent, and demanded the keys back, ending the contract early as they had neglected to fulfil their obligation to inform me of offers.

I have since put my property on the market with another agent, who is much better with communication, and after only a week of the property being on the market with them I have been advised there is a buyer who wants to make an offer-a good one, too, that needs to sell his flat first. When I put my property on the market with them, I also realised that my previous agent had neglected to advise me properly regarding the EPC. They actually told me that they could take e EPC details off previous details from another agent-I didn't know any better, and let them use the EPC charts from this other agents details (I had it when I bought the property).

Obviously, the previous agent has really slowed down the sale and caused an awful lot of stress. I am concerned that if I don't sell my flat by August, my fianc! and I will have to rent a property together instead of being able to buy our own home in time for when we get married I also don't have permission from my mortgage company to rent my flat out, so if this happens, potentially I could be left with my outgoings doubled-spending on my mortgage, and rental

I have complained to the property ombudsman, and been advised to contact the agent first to see if they are prepared to settle without a formal investigation. My question is, what do you think are my chances of getting anything out of this?? I have already written a letter up-outlining all of their failures, and genuinely believe that I am going to be left out of pocket because of them. Has anyone ever sought compensation from estate agents??

Thankyou in advance...

BitterAndTwisted

What are your chances of getting anything out of this? Nil, I reckon.

Wyndham

Your problem is around evidence. What evidence is there that there were offers which you weren't shown?

Estate agents are notoriously bad. And your new one hasn't sold it yet, so it's not really flying and getting lots of offers. 10 weeks isn't very long at all in this market, no matter how good the property.

Any ombundsman will not look at your case until you've exhausted all the internal processes with the agent. I know you're not happy with them, but that is the first place to go, give them a chance to look at it, and offer something if they think they should.

2280Claire

Wyndham wrote: »

Your problem is around evidence. What evidence is there that there were offers which you weren't shown?

Estate agents are notoriously bad. And your new one hasn't sold it yet, so it's not really flying and getting lots of offers. 10 weeks isn't very long at all in this market, no matter how good the property.

Any ombundsman will not look at your case until you've exhausted all the internal processes with the agent. I know you're not happy with them, but that is the first place to go, give them a chance to look at it, and offer something if they think they should.

Well, I have an e-mail from the second sales negotiator (who was covering for the original guy, who was on holiday when I e-mailed) saying "there have been offers around the 145k mark, but we know it is worth more than this" ...that is my only evidence...

I realise that 10weeks isn't *that* long, but it's ten weeks of time that has now been taken away from the new estate agent. They now only have 6 weeks to sell it

Wyndham

I understand that the new agent now only has 6 weeks, but this is a deadline you have imposed. In this market, even 16 weeks to get (complete?) on a sale is quite ambitious.

The email is useful, but I would suspect they were not formal offers or they should have been passed on. You could ask to see the information she was using to make the statement that there had been offers?

00ec25

2280Claire wrote: »

I went to the agent, and demanded the keys back, ending the contract early as they had neglected to fulfil their obligation to inform me of offers.

I have since put my property on the market with another agent, who is much better with communication, and after only a week of the property being on the market with them I have been advised there is a buyer who wants to make an offer-a good one, too, that needs to sell his flat first.

has the old agent agreed with the contract termination and confirmed that in writing

on the info above you risk the old agent seeking commision if you sell it to this new buyer as there may be an overlapping period and so it would be a jouint agency sale not a sole agancy sale

2280Claire

Hmmm...I never realised 16 weeks was that ambitious? A similar flat in the same house (there are seven flats in a converted Victorian house) sold the day before it was even formally released on the market...

The feedback that I have been getting from the new agent has been really positive, and I actually do have in writing that a buyer wants to make an offer...only he didn't say until after I said I would accept, that he still has to sell his flat (cheeky sod!). The agent is still marketing it, as he is not in a position to proceed...

2280Claire

00ec25 wrote: »

has the old agent agreed with the contract termination and confirmed that in writing

on the info above you risk the old agent seeking commision if you sell it to this new buyer as there may be an overlapping period and so it would be a jouint agency sale not a sole agancy sale

I don't have it in writing, but they did agree that they had failed in their duty of care and handed me back the keys.

I'm worrying even more now...!

2280Claire

Wyndham wrote: »

I understand that the new agent now only has 6 weeks, but this is a deadline you have imposed. In this market, even 16 weeks to get (complete?) on a sale is quite ambitious.

The email is useful, but I would suspect they were not formal offers or they should have been passed on. You could ask to see the information she was using to make the statement that there had been offers?

Oh, and I meant to add...I was aiming to find a buyer by August...not to complete! :O as I said, we are getting married in December, so we're hoping we'd have moved into our new home by the end of the year.

dacouch

I would have thought being so close to the Olympic site will put people off moving in around the time of the Olympics and Para Olympics

Eve4ever

Can you not ask your old agent for the contact details of those who put in the offers and contact them to see if they are still interested?