Should I report this estate agent?

suebfg

Hi, I did my research online after posting on the thread.

If we had known about the issues upfront, we wouldn't have entertained the property but we were far on in the process - the vendors had said there were no outstanding building regs and it was after survey and enquiries by our solicitor that this was uncovered. We almost pulled out and only stuck it out because we didn't find an alternative property in the timescales.

Previous house sales fell through on this property, after being advertised Sold STC for a long time. Now what are the chances that this was because of this issue? Pretty high I would state. Also the OFT guidance the guidance on the Property Ombudsman website contains specific guidance for estate agents re loft conversions i.e. they should check for proof of building regs and if it cannot be provided, they should advertise it as loft space.

it is the principle that I am most concerned about i.e. that myself and a number of other buyers went into this and, other than myself, wasted money on surveys, solicitors fees etc when the property should have been accurately described. I myself have paid months of rent over and above what I was intending to whilst waiting for this regularisation to be sorted out. But it is the principle I am most bothered about i.e. fair and accurate advertising and honest dealings.

_Andy_

Ok but point remains, that even with an argument you can back up, you need to be clear about what outcome you want.

googler

suebfg wrote: »

... the vendors had said there were no outstanding building regs and it was after survey and enquiries by our solicitor that this was uncovered. We almost pulled out and only stuck it out because we didn't find an alternative property in the timescales.

The vendors said .... but you want to 'report' the EA?

... the OFT guidance the guidance on the Property Ombudsman website contains specific guidance for estate agents re loft conversions i.e. they should check for proof of building regs and if it cannot be provided, they should advertise it as loft space.

'Guidance' is not the same as legislation, law or statute. Who are you proposing to 'report' this to? The OFT? The Property Ombudsman? With what object in mind? What's the eventual result that you want? As I said above,

if your complaint, whomever you make it to, succeeds, what result do you want from it? Compensation for you? A fine for the agent or seller? Prison sentence? Flogging?

You do realise that the PO won't even listen to your complaint until you've been through the EA's full complaints procedure?

suebfg

Just a recognition that they had done something wrong and some compensation for the additional stresses/hassles/extra months rent etc etc.

googler

But as you said, "the vendors said".

Where's your PROOF that the EA was complicit in this, and wasn't also misled by the vendor?

ash28

suebfg wrote: »

Hi, I did my research online after posting on the thread.

If we had known about the issues upfront, we wouldn't have entertained the property but we were far on in the process - the vendors had said there were no outstanding building regs and it was after survey and enquiries by our solicitor that this was uncovered. We almost pulled out and only stuck it out because we didn't find an alternative property in the timescales.

Previous house sales fell through on this property, after being advertised Sold STC for a long time. Now what are the chances that this was because of this issue? Pretty high I would state. Also the OFT guidance the guidance on the Property Ombudsman website contains specific guidance for estate agents re loft conversions i.e. they should check for proof of building regs and if it cannot be provided, they should advertise it as loft space.

it is the principle that I am most concerned about i.e. that myself and a number of other buyers went into this and, other than myself, wasted money on surveys, solicitors fees etc when the property should have been accurately described. I myself have paid months of rent over and above what I was intending to whilst waiting for this regularisation to be sorted out. But it is the principle I am most bothered about i.e. fair and accurate advertising and honest dealings.

This bit.....

the vendors had said there were no outstanding building regs and it was after survey and enquiries by our solicitor that this was uncovered.

EA asks the vendor if there are building regs on loft conversion....vendor says yes.....now does the estate agent then have to trawl through the council's archives to check if the vendor is telling the truth, and who pays...he works for the vendor not you.

I understand the EA has to carry out reasonable checks.....what is a reasonable check? Asking the vendor? Or trawling the council archives - a job you pay your conveyancing solicitor to do.

Or is it the responsibility of your conveyancing solicitor to carry out searches on the property as part of due diligence and find out any problems - like lack of building regs or sign off certificates?

If you had asked the vendor on first viewing and the vendor had said no there weren't any building regs...then you might have a complaint against the EA, as they obviously hadn't asked.

When we sold our last house 18 months ago the EA asked if we had building regs for the 2 large extensions that had been done....we didn't have a clue, the work had been done before we moved in in 1993 and there were no issues when we bought the house. I still don't know if the extensions have building regs....but the sale went through quickly....so I imagine every thing was ok.

JennyW_2

suebfg wrote: »

Hi, I did my research online after posting on the thread.

If we had known about the issues upfront, we wouldn't have entertained the property but we were far on in the process - the vendors had said there were no outstanding building regs and it was after survey and enquiries by our solicitor that this was uncovered. We almost pulled out and only stuck it out because we didn't find an alternative property in the timescales.

.

I really don't see how you have a case since you completed knowing there were no building regs. Your solicitor and survey confirmed this yet you chose to carry on? I don't really see how this is negligent against the EA....

Prothet_of_Doom

societys_child wrote: »

So no proof of anything really . . .

An audit of thier records might bring up prior correspondence with other potential buyers, and thier solicitors which would prove that they knew this was a problem.

I hate EA's with a vengence, and you have nothing to loose by making a complaint. If nothing happens other than the EA is inconvienced, then maybe it will make them think twice in future.

suebfg

JennyW wrote: »

I really don't see how you have a case since you completed knowing there were no building regs. Your solicitor and survey confirmed this yet you chose to carry on? I don't really see how this is negligent against the EA....

We didn't complete knowing there were no building regs - we completed after the vendor got a regularisation. Just because we completed in the end doesn't mean the agent is absolved of liability/responsibility.

suebfg

Googler, I'm not sure what your 'beef' is with this - are you an estate agent by any chance? I don't need 'proof' to make a complaint and having read up on this, I know I am fully within my rights to make a complaint. I'm not sure if I will yet - not because I doubt my case for a complaint - but because I'm not sure if I could be bothered with the hassle at this point.