Buyer trespassing

spacey2012

mrginge wrote: »

So they have forked out for surveys and solicitors, but who cares.

The buyers should thats who, by getting on and signing the exchange as promised.
If they do not want to exchange then they are exposing themselves to the risk deliberately.

hollytree1

mrginge wrote: »

Yes get it back on the market.

Then in another two months when you have another buyer strung along you can ditch them too because prices have risen another 0.3%

So they have forked out for surveys and solicitors, but who cares.

I think you need to decide whether you are actually interested in selling the house or just riding the tidal wave of HPI (that may or may not exist)

When I have another buyer strung along?! How have I strung the buyer along? I have proceeded with the sale as normal, the buyer has not honoured the exchange not me.

dodger1

Baby_ferret wrote: »

I didn't know there was a leak. The property is empty, I do not live there

Thank goodness they went in and found it then, could have ended as a disaster, hope you thanked them

somethingcorporate

dodger1 wrote: »

Thank goodness they went in and found it then, could have ended as a disaster, hope you thanked them

He has, by threatening to put it back on the market.

baby ferret, looks at it from the point of the view of the buyer - they've been given permission to see your house by someone working for you (the EA, you're paying them to sell your property after all). I'm struggling to see what they've done wrong or any basis to put it back on the market.

You need to talk to your solicitor in terms of the exchange, they are the only ones that can progress the issue so find out where the legals are.

I see you are thanking all the posts that have an anti-buyer sentiment - when the choice of EA was yours and they have been acting on your behalf and managed to generate 15 offers on your property. Seriously, some sellers are completely deluded - your buyer is looking to spend tens if not hundreds of thousands of pounds on something you own, how about you show them a little respect and trying not to blow this out of proportion.

DaftyDuck

Back to the original question...

Although with the house empty the agent might argue he was doing you a favour letting the potential buyer in unattended, if I were you, I would point out to them that doing so completely invalidates any insurance you or they might have, that any damage (including total loss) would probably have been completely unrecoverable, and that they acted completely unprofessionally.

I would certainly point out this leak would not have been uncovered prior to exchange but for an unauthorised visit, and expect them to cover the cost of that work... Whether this is true or not, or reasonable, it's still worth a MSE go, in my opinion.

I have allowed estate agents unfettered access to my properties on occasion, but that has always been to independent firms with a lasting relationship. I don't feel they've ever abused the position, and certainly wouldn't let Jo(e) Public in unattended - but would let a known builder or surveyor in. However, by letting such people in, they have certainly progressed the sale.

Before grumbling at the EA too much, it's worth pondering whether they have, in fact worked in your best interests (pushing the sale onwards) or their own ("brr, cold out there, I'll give 'em the key, and stay in and have a cuppa/go home early"). For one, I'd screw them to their desk, for the other I'd just say it was regrettable, and leave it at that.

molerat

When I went back to visit friends about a year after I sold my house I found that the EA had allowed the buyers to move in before completion, luckily all went without a hitch but could have been a nightmare to sort if it had gone wrong with me living overseas. This was the same EA whose surveyor did a full survey on a friends purchase which a couple of years later had to be demolished because the undetected structural faults and subsidence were that bad, I don't think the surveyor's insurers were best pleased.

hollytree1

somethingcorporate wrote: »

He has, by threatening to put it back on the market.

baby ferret, looks at it from the point of the view of the buyer - they've been given permission to see your house by someone working for you (the EA, you're paying them to sell your property after all). I'm struggling to see what they've done wrong or any basis to put it back on the market.

You need to talk to your solicitor in terms of the exchange, they are the only ones that can progress the issue so find out where the legals are.

I see you are thanking all the posts that have an anti-buyer sentiment - when the choice of EA was yours and they have been acting on your behalf and managed to generate 15 offers on your property. Seriously, some sellers are completely deluded - your buyer is looking to spend tens if not hundreds of thousands of pounds on something you own, how about you show them a little respect and trying not to blow this out of proportion.

Just to clarify....

I have not threatened to put it back on the market.

moneyistooshorttomention

Baby_ferret wrote: »

The agent has been giving her the keys

So, for all you know, she could have had another set of keys cut.

I did so myself on my "shoulda been" starter house when I got given keys. When the little ****** wouldn't continue with the sale I never mentioned I'd already had a spare set cut to my shoulda-been-home. I just threw those keys away when it became clear he wasn't proceeding (after I'd had another visit to see if I could get any clue as to what the problem was).

moneyistooshorttomention

Baby_ferret wrote: »

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

Precisely because of all those huge number of visits by the buyer and unauthorised agreement to visits by EA I would be sorely tempted to say "Forget it" and re-market the place.

springdreams

I fail to see why the buyer feels the need to visit a property she doesn't own yet every week! You say the sale has been underway for 4 months, and she has visited every week for the last 3 months, so that would be 12 visits so far - why??

Most people visit 2 maybe 3 times before completion to measure up and the like. 12 visits is a bit OTT, and the EA should certainly not have authorised that many without speaking to you.