Can we take any action against the EA?

Redbedhead

We have been in the process of buying a house. Offer accepted 3 weeks ago and at the time indicated they wanted us to move quickly, which wasn't a problem as our buyer is in rented with nothing to sell.

I speak to the mortgage company on Tuesday who then tell me they have heard our purchase is off. We have heard nothing from estate agent / solitor etc so I put in a call to the EA. She explains there was a problem which was the 10 year old son of the owner didn't want to sell so he had asked for the signs to come down and for things to be put on hold until the owner talked him around. EA reported Owner said he still wanted to sell, still wanted to sell to us and just thought it would take said child a few days to accept. EA asked if we could give the owner a week to talk child round. We agreed.

Then today I get a call from my solicitor saying he has been advised in writing the house has been removed from the market for family reasons. We call the estate agent to confirm if this supercedes the 'wait a week' instruction or if it is pre the conversation from Tuesday.

H speaks to a different EA to the normal one who advises they had been asked to remove the property from the market 2 weeks ago.

Now my issue is that I have incurred costs in the past 2 weeks (survey, mortgage fees) that I would not have done if I were advised the sale was cancelled 2 weeks ago. Am I likely to be able to reclaim these costs from the EA? I understand the EA has a contract with the owner and not us, but as far as I am concerned the EA withheld information (i.e. house withdrawn from the market) that if we had been aware of, we would have not have paid the costs.

Any assistance appreciated as the solicitor isn't in at the moment.

Broken_hearted

You would have to prove they knew it wasn't being sold. Take advice but it seems unlikely.

Mrs_Optimist

I very much doubt it but presumably the Survey, although paid for, hasn't taken place if the Vendor didn't want to sell two weeks ago. Speak with your mortgage co to see if the survey and mortgage fees can be carried across to the next house you want to buy so you don't lose any fees. I ssupect that this may be possible.
In my limited experience, EA are a law unto themselves and it doesn't surprise me that you were not told the whole story, as we weren't either BUT if the Vendor changed his mind to sell the EA could not do an awful lot about it.

lynzpower

I dont know actually.

IM looking at the porperty misdescriptoions act http://www.opsi.gov.uk/ACTS/acts1991/Ukpga_19910029_en_2.htm#mdiv1 here and the opening paras say

1.—(1) Where a false or misleading statement about a prescribed matter is made in the course of an estate agency business or a property development business, otherwise than in providing conveyancing services, the person by whom the business is carried on shall be guilty of an offence under this section.

(2) Where the making of the statement is due to the act or default of an employee the employee shall be guilty of an offence under this section; and the employee may be proceeded against and punished whether or not proceedings are also taken against his employer.

Fairly clear misleading statements were made to you in the course of the deal.

also here

2.—(1) In proceedings against a person for an offence under section 1 above it shall be a defence for him to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

Id suggest due dilligence to avoid the offence not shown if hes waited 2 weeks, but colleagues knew before?

The only thing I will sayt is that this actr is enforced by T standards, and there is no recompense for you in this Act as far as I understand it ( undertook some training on this act some weeks ago now) the individual estate agent can be fined or impriisoned for making mirespresentative statements.

theGrinch

you can proceed through the following if you feel you wish to reclaim costs and/or report malpractice.

NAEA - if EA a member
OEA - if member and you wish to make a claim
Trading standards for malpractice
OFT - good summary on EA Act 1979 here.

usually, each EA should have a complaints procedure, which you should use. In cases where you feel this may prejudice or alert your claim, then speak to any of the above.

I am pursuing my EA for discrimination on an offer I made and potential conflict of interest. may not win, but I will give them a few months of something to think about.

mr.broderick

theGrinch wrote: »

you can proceed through the following if you feel you wish to reclaim costs and/or report malpractice.

NAEA - if EA a member
OEA - if member and you wish to make a claim
Trading standards for malpractice
OFT - good summary on EA Act 1979 here.

usually, each EA should have a complaints procedure, which you should use. In cases where you feel this may prejudice or alert your claim, then speak to any of the above.

I am pursuing my EA for discrimination on an offer I made and potential conflict of interest. may not win, but I will give them a few months of something to think about.

Grinch don't bother they dont care sir.

Redbedhead

Mrs_Optimist wrote: »

I very much doubt it but presumably the Survey, although paid for, hasn't taken place if the Vendor didn't want to sell two weeks ago. Speak with your mortgage co to see if the survey and mortgage fees can be carried across to the next house you want to buy so you don't lose any fees. I ssupect that this may be possible.
In my limited experience, EA are a law unto themselves and it doesn't surprise me that you were not told the whole story, as we weren't either BUT if the Vendor changed his mind to sell the EA could not do an awful lot about it.

We are looking in to carrying the fees over to another house and are waiting for the mortgage co to get back to us at the moment. Am just trying to explore all avenues and taking action against the solicitors should at least make their life uncomfortable for a while!

Redbedhead

lynzpower wrote: »

I dont know actually.

IM looking at the porperty misdescriptoions act http://www.opsi.gov.uk/ACTS/acts1991/Ukpga_19910029_en_2.htm#mdiv1 here and the opening paras say



Fairly clear misleading statements were made to you in the course of the deal.

also here


Id suggest due dilligence to avoid the offence not shown if hes waited 2 weeks, but colleagues knew before?

The only thing I will sayt is that this actr is enforced by T standards, and there is no recompense for you in this Act as far as I understand it ( undertook some training on this act some weeks ago now) the individual estate agent can be fined or impriisoned for making mirespresentative statements.

Thanks Lynz - very helpful.

Redbedhead

Have double checked and I don't think they are an NAEA member.

I had prior to this planned on reporting them to the FSA anyway after putting undue pressure on us to see their mortgage advisor (despite being advised we had one) and even telling my H our offer could not procede unless we did see one.

nelly_2

I think someone needs better parenting classes if you ask me anyway!

Redbedhead

nelly wrote: »

I think someone needs better parenting classes if you ask me anyway!

Me or the owner;)