Can I Contact The Vendor's Freeholder?

Credit_Help

Hi everyone,

I'm having speed issues with the conveyancing process (i'm the one buying) because my mortgage offer is running out soon.

My solicitor is waiting on info from the freeholder, via the vendor's solicitor. I was at the end of my tether and contacted the freeholder myself directly to ask about the issues, which I'm very glad I did.

What's bugging me is that the estate agent got extremely aggressive when I told him i'd done this, and without directly saying it, implied I was in breach of something, and said it was an extremely serious matter that I had done this and to never do it again. It's strange, because my solicitor didn't seem to care! One of them is wrong and I don't know which one!

What's frustrating me is that I KNOW the estate agent will do everything they can to get the sale through, but it's really annoying me because they've made me feel like they've got me in their pocket now.

We're having negotiations with the vendors on a couple of issues, and I can absolutely imagine the estate agent bringing this up as some sort of bargaining tool, saying something like "the vendor's very concerned at what you did and their solicitor's not happy, and you've jepordised everything, etc."

As you may be able to tell, the estate agent and I have clashed on several occasions during the conveyancing process, and it's irritating me beyond belief that they he might try and use this against me.

I know I shouldn't have, but what are the ACTUAL ramifications of doing so?????

Thanks everyone!!!

TrickyDicky101

Why shouldn't you have? There's nothing wrong with you contacting the freeholder and whilst it might not expedite anything or achieve the result you want, it is highly unlikely to do any harm.

You're the buyer so in this market you're the one in the driving seat. I would be very tempted to drop a letter in to the vendor stating the aggressive attitude of the EA is making you have second thoughts. If I was the vendor I'd be straight around to the EA to have very strong words with him/her about potentially losing me a sale!

DVardysShadow

Credit_Help wrote: »

What's bugging me is that the estate agent got extremely aggressive when I told him i'd done this, and without directly saying it, implied I was in breach of something, and said it was an extremely serious matter that I had done this and to never do it again.

As they think it is such a serious matter, offer to withdraw from the purchase.

giraffe69

Estate Agents don't like it if they are not in control (or at least they think they are). I see nothing wrong in seeking to hurry the process up. I'd say you will do it as and when you want and if he has a problem he better say what it is.

Credit_Help

To be honest, they'd know that I would have no intention of withdrawing, so it would be a little fruitless.

What I really am keying myself up for is to contest the estate agent and say "what's the problem with me contacting the freeholder" the next time we speak.

I just want to be sure that I am actually legally covered and it's just the estate agent not liking the control being taken away...which I suspect is the issue.

So is it legally comprimising in any way to contact the Vendor's freeholder?

Credit_Help

Thanks giraaffe69, that's kind of what Im suspecting. I just want to be sure...what's annoying me is that the EA will literally say anything to be right (that's nothing to do with his job, it's actually just his personality...i know this because we've been dealing with each other for nearly 2 months now).

I can see him turning round and saying something like (I don't know if the vendor's solicitor is willing to represent them now), or something ludicrous like that.

I wouldn't for a minute believe it, but i just want to be able to call them out on something like that THE SECOND they say it.

As you may be able to tell, we don't really get on!

DVardysShadow

Credit_Help wrote: »

To be honest, they'd know that I would have no intention of withdrawing, so it would be a little fruitless.

What I really am keying myself up for is to contest the estate agent and say "what's the problem with me contacting the freeholder" the next time we speak.

I just want to be sure that I am actually legally covered and it's just the estate agent not liking the control being taken away...which I suspect is the issue.

So is it legally comprimising in any way to contact the Vendor's freeholder?

Fruitless? You really don't understand what is going on. There is no way the agent will let the sale slip out of their hands. They are bullying you and you need to tell them where to shove it. Offering to withdraw from the sale is an offer they cannot take up - as it is in the hands of solicitors. Basically it is a good way to get them to say 'No we would not like you to withdraw' and you don't need to say anything - it just implies that you will carry on and do your thing.

Ivana_Tinkle

Credit_Help wrote: »

We're having negotiations with the vendors on a couple of issues, and I can absolutely imagine the estate agent bringing this up as some sort of bargaining tool, saying something like "the vendor's very concerned at what you did and their solicitor's not happy, and you've jepordised everything, etc."

If he comes out with some rubbish like this you just say, "Well, that's a pity. Now, about that dry rot..." or whatever.

If you want reassurance that you haven't jeopardised the sale then, no, of course you haven't jeopardised anything - you've acted entirely reasonably. But if the EA can get you thinking you've somehow messed up then they've got you on the back foot. I'd try and get contact details for the vendor so you can deal with them directly and not have to deal with this idiot any more (which will, of course, wind him up even more. Mwah-hah-hah-hah...)

chris_m

Credit_Help wrote: »

What's frustrating me is that I KNOW the estate agent will do everything they can to get the sale through,

Will they, though?

Doing everything they can would to me, involve helping to expedite the sale, not chastising the buyer for doing that.

Come to think of it, what the heck's it got to do with the agent now? It's in the hands of the solicitors so all the agent has to do is release the keys when advised that everything's gone through and bank their cheque from the vendor.

Ulfar

There is nothing wrong with you contacting the vendor as you are ultimately negotiating a deal with them.

Where you would come unstuck is contacting their solicitor or freeholder directly, both of whom do not have a business relationship with you and do have a duty of care for the vendor who they do have a relationship with.

In fact if they were to discuss any of the facts with you they would be in breach of data protection as the information is the vendors.

olly300

Ulfar wrote: »

There is nothing wrong with you contacting the vendor as you are ultimately negotiating a deal with them.

Where you would come unstuck is contacting their solicitor or freeholder directly, both of whom do not have a business relationship with you and do have a duty of care for the vendor who they do have a relationship with.

In fact if they were to discuss any of the facts with you they would be in breach of data protection as the information is the vendors.

Why would they be in breach of the Data Protection Act?

As long as the information is not personal data about the vendor the freeholder can share it if they like. In fact when I was buying my flat years ago I spoke to the freeholder. The freeholder had no issue with it and neither did the vendors. (I was just confirming if there were any future repairs which they weren't.)

I had told the EA to foxtrott oscar a while ago as he hadn't been helpful at all. In fact the vendors complained he was useless as they had to do most things.