Buyer trespassing

G_M

kwmlondon wrote: »

Were they accompanied visits? If so then your EA was probably just trying to get the sale through as quickly as possible and, although lazy and stupid not to inform you, they're only trying to get the sale through. If they gave the keys to the buyer then I'd raise holy hell about it, otherwise I'd just chalk it up to experience and next time be clearer about visits.

Agai, we can't see the agreement betwen OP and agent. Many agreements authorise unaccompanied visits.

Before 'raising holy hell' OP should check what he agreed.

spacey2012

What you need to be wary of is stalling, if prices continue to rise around 1- 1.5% a month on a 200k house they are getting £3k of free equity every month whilst holding at the asking price.
If they carry on stalling, get it back in the window and have the extra equity yourself.

I would never let them avoid exchange with lists of wanting this that and the other doing, I would put it back in the window whilst they decide they do want to exchange at a higher price.
They get gazumped that is their problem.

hollytree1

spacey2012 wrote: »

So have they pulled out of exchange ?
Two can play this game you know, have you had any other offers and is it still on the market as prices have risen in the last two months.

This is month 4 of the sale so no other offers. I am considering putting it back on the market for a higher offer as think this is definitely achievable

hollytree1

tBagpuss wrote: »

So far as the buyer is concerned, they had authority from your agent and had no reason to suppose this had not been authorised by you, so they have done nothing wrong.

If they had no reason to know, or suspect, that you didn't know how often they were visiting, or that you would have objected if you had known, they are not taking the mickey - it's a bit unusual but people differ in how often they want to check on things.

With regard to the agent, it depends on your contract with them, and what instructions you gave them.
I am in the process of selling my house - my instructions to the agents when it went on the market were that I was happy for them to arrange viewings for times during the week while I would be at work (i.e. they could book the viewing in without checking the date with me first) but that I needed 24 hours notice so I could make sure it was tidy, and that all viewing must be accompanied. I have viewed some unoccupied properties where the agents apparently just had the keys and could take people in whenever.


Do you know whether the buyer was accompanied each time, or whether they were given the keys? If they were given the keys then I think that is much more serious.

i do think you have grounds to make a complaint against the agent but unless you can show that you have suffered any detriment as a result I doubt you're going to get more than an apology and (perhaps) a token reduction on he bill by way of goodwill. Presumably you would not have refused access for a further survey, had you been asked?

The buyer was given the keys not attended during the visits. I have no issue with the surveyor being in the property but I do have issue knowing the buyer has been inside unattended, as the property is empty I think the agent has become lazy and not followed procedure.

spacey2012

I think they would have forced my hand if they have delayed exchange over a silly leak.
Some buyers think they are doing you a favour and wear your patience.
Sooner or later they meet an experienced seller who teaches them a very short sharp and expensive lesson in messing folk about.
If they don't sign today as agreed, I would consider putting it back in the window at least if you can afford to wait.
Prices did surge December and are still going.

hollytree1

spacey2012 wrote: »

What you need to be wary of is stalling, if prices continue to rise around 1- 1.5% a month on a 200k house they are getting £3k of free equity every month whilst holding at the asking price.
If they carry on stalling, get it back in the window and have the extra equity yourself.

I would never let them avoid exchange with lists of wanting this that and the other doing, I would put it back in the window whilst they decide they do want to exchange at a higher price.
They get gazumped that is their problem.

Fantastic advice, thank you

somethingcorporate

Or you lose your only buyer and have months of mortgage payments to make whilst waiting for someone else.

You're looking to punish the buyer here when maybe your agent could be the only one at fault.

hollytree1

NiallB wrote: »

<cynicism>


Were they not supposed to discover the leak until after exchange?


</cynicism>

The property is empty, I do not live there so there is no dishonest behaviour from my side. I had no idea there was a leak until the buyer found it on one of her visits to the property on Friday.

kwmlondon

Your EA gave someone the keys to your property!!!!!???!?!?!??!

If my EA had given someone the keys to my property I would be in their office screaming, shouting and creating merry hell!!!!!!!

What if the seller decided to move some of their stuff in? Start squatting? Gave the keys to a mate? Would you like a drug farm in your house?

Dear god, that's atrocious!!!!!

I would contact my solicitor and take advice on this and immediately demand all keys back from the EA.

Your beef is not with the buyer, they went through the EA but I'd seriously think about moving EAs if this sale falls through.

spacey2012

Buyers have been holding off hoping for a fall, December showed +1.5% in some areas and January looks set for the same.
Even the most conservative pundits are going for 7.5% this year and the more optimistic ones 8-12% increase.
This kind of predictions tend to bring the buyers out.