No wonder people can't sell !

lessonlearned

gozaimasu wrote: »

I'm a first time buyer who is not actively looking to buy at the moment. Something that puts me off is having to go on an estate agent's database just to look at a property I might want to buy.

Can you tell me what details you take from a buyer in order to view?

Why do you need those details? How long do you store them for?

Generally they will want to know whether or not you are in a position to buy.

They will want to know - in EA speak - "Is your purchase subject to a dependent sale". In your case no, you are a First Time Buyer. You do not have a property to sell in order to release funds for your next purchase.

They will also want to know if you have the money to buy. You will generally need to supply some form of evidence.

Let's get this one point absolutely straight.

There is no legal requirement for you to show them your bank statements, divulge your salary, or use their recommended mortage advisers or solicitors.

I would advise that you may as well have a quick chat with their mortgage people - it does no harm to shop around for the best deal.
If you really object to meeting with their mortgage advisor you are perfectly at liberty to refuse.

The EA, BY LAW, cannot insist that you do and they cannot refuse to forward your offer to the Vendor if you don't.

When the time comes to make an offer no-one but you needs to know just how much you are able to borrow. All you need is a letter of confirmation from either your bank or your solicitor to confirm that you have funds available to cover the cost of your purchase.

As with all financial transactions you will need to provide proof of ID at some point to comply with money laundering regulations.

I have highlighted the couple of sentences above because it is very important that you know your rights on this one. This one point gives rise to a lot of confusion and upset.

Hope that helps you. Good luck.

gozaimasu

lessonlearned wrote: »

Hope that helps you. Good luck.

That was more detailed than I was expecting! Basically I was thinking more along the lines of name, address and other personal details.

I don't want to go on an EAs database and then not buy a house with them, but then still be stuck on their database.

I understand they have to comply with DPA, but after how long do they delete my information? I know I should probably ask them but the hostile responses I've had from companies when I ask them what they are going to do with MY personal information and data is incredible!

I understand I will have to provide ID at some point when I actually buy a house, but until then I really don't see why they need my name and address just so that I can look at houses I might want to buy.

lessonlearned

Read up about Suzy Lamplough.

She was an estate agent who took a "Mr Kipper" to view a property, and was never seen again. She was presumed dead in 1994.

The personal alarm that many of us now carry around was developed as a result of this case. Her mother set up the Suzy Lamplough trust.

All EA's make it a matter of course to ascertain names and contact details as a result of Suzy Lamplough's disappearance and presumed murder.

EA's have a duty of care to their staff. They also have a duty of care to any vendors who do their own viewings.

It would be a gross dereliction of that duty of care to not try and get names and contact details. EA's take the personal safety of their staff and their vendors very seriously.

On a personal level I would never allow a viewer into my own property unless the EA had made some attempt to vet them.

In a professional capacity as an EA I would never take someone on a viewing without firstly having their details and secondly letting people know where I am and who I am with.

Of course we know that if someone has serious intent to harm, rape or murder then they will simply lie about their details. However it might deter the casual opportunists.

As I have explained before you do not need to prove evidence or show proof of id until you make an offer when the sale process begins in earnest.

As to how long your contact details remain on file if you do not proceed with a purchase I couldn't say. You will need to discuss this the EA concerned.

I do get very frustrated with some of the anti-EA rhetoric you get on these boards. It just demonstrates a complete lack of understanding about the role of an EA.

This unwillingness to give out your contact details is just a classic example of an unquestioning knee jerk reaction to a simple well justified polite request.

The member of staff requesting your details is not being nosy - they are doing their job to protect their colleagues and the vendor.

Yes of course they will use this opportunity to try and find out a little bit about your circumstances = ie are you in a position to proceed and your budget.

Again this is to protect the vendor from timewasters and nuisance viewers. The vendors generally want the EA to do this because they don't want every Tom, !!!!!! and Harry traipsing through their homes and interrupting their lives.

The vendors have a right to protection and a little privacy too.

gozaimasu

An psycho estate agent picking victims from a database of sitting ducks is also just as possible as a client abducting an estate agent.

Personal safety issues aside, under the Data Protection Act, companies are required to justify that the storage and processing of my information is necessary.

An address is used
a) to visit people
b) to send mail to people

When it comes to purchase stage, the contract may be sent to the address provided at viewing stage.

However, until that stage, the collection of the data is not strictly necessary as you will neither be visiting the viewer, nor sending them any mail. They'll just be sitting on a database for no reason whatsoever, for bleep knows how long. If I come back in 5 years to the same EA, I have to pay £10 a pop just to find out the EA still holds any information about me on their database! Only at that point, if they still hold it, can I report them to the Information Commissioner for storing my data for longer than is necessary. Imagine if I didn't even buy a house with them! I bet this is happening all over the country and no-one is any the wiser.

I don't imagine that as an EA, you get a lot of questions about Data Protection from your clients or viewers. They just hand out information without a care in the world, as most people do.

If anything, I hope my post will encourage all companies, not just EAs, to review the data they hold periodically (as they really should be doing anyway) and ensure that it is deleted when it is no longer required.