Solicitor giving unsolicited valuation advice & affecting sale

DRP

saunaboy wrote: »

EA refusing to comment on specifically why it was changed. Just quoting that they are required to advertise correctly.

Just waiting for valuation but lending bank has been told it is only 2 bed...

how does your place compare to other 2 - beds in the area?

does the ea understand you are quite unhappy with how they;ve acted?

saunaboy

2 bed comes in probably >10k lower.

EA is aware we're unhappy but is stonewalling re why they made the change.

I'm very tempted to sack them TBH.

DRP

saunaboy wrote: »

2 bed comes in probably >10k lower.

EA is aware we're unhappy but is stonewalling re why they made the change.

I'm very tempted to sack them TBH.

as i said in my post a while back, i would have handed them their notice in writing immediately - even if your contract has weeks to go.

In case this sale falls through (entirely possible with your dodgy buyer), I would want my "2-bedroom" property off their website and off RM ASAP before too many other potential buyers see it...

saunaboy

I've just had an indemnity insurance copy provided from my initial purchase a few years back & the solicitors who signed if off are actually the same guys who now insist on it being 2 bed.

...but given that indemnity insurance covers against action being enforced, and that we have assurance that the council definitely won't (work is 30 yr old), what use is the insurance exactly???

Meanwhile out sols are advising its 'ok as 4 bed'

Sacking off the EA sounds like a plan. Sp, possibly, does action against the buyers solicitors, who were the solicitors we 'bought from'.

DRP

saunaboy wrote: »

I've just had an indemnity insurance copy provided from my initial purchase a few years back & the solicitors who signed if off are actually the same guys who now insist on it being 2 bed.

...but given that indemnity insurance covers against action being enforced, and that we have assurance that the council definitely won't (work is 30 yr old), what use is the insurance exactly???

Meanwhile out sols are advising its 'ok as 4 bed'

Sacking off the EA sounds like a plan. Sp, possibly, does action against the buyers solicitors, who were the solicitors we 'bought from'.

have you brought this to their attention?

saunaboy

yes, they have a copy.

They seem to be pointing us at the solicitors who did the house buy a few years back & are advising we approach them, with potential to take action.

They say that they should have flagged it as a 'non-4-bed' and that it's nothing to do with the selling sold (now the buying sols!).

My sol still saying its a non-issue. Which may be the case should the valuation comes back as 150k, but I suspect that it probably won't...therefore changing it to an 'issue' !!!!

EA is now saying perhaps retrospective regs are an option. But of course that isn't guaranteed.

saunaboy

..I meant that they're saying 'take it up with the sols who bought the house for you'.

They're saying the sols who sold it (and are now the ones with the issue) are in the clear.

daisygirlmac

It's a bit of a tricky one is this. I don't really see how it's the agent's business, they are supposed to be working for you. If, at the start of marketing, they had reservations about marketing as a 4 bed then you should have been advised. I would be kicking up a fuss about them telling valuation surveyor that they want it surveyed as a 2 bed, it's nothing to do with them. If buyer is happy as a 4 bed (and it sounds like they are, although a little bewildered) then I just don't see why agents and solicitors need to be involved? It's like they want you to lose the sale!

Would it be possible to get the extra bedrooms signed off retrospectively or something from the council?

saunaboy

daft thing is...after revision of the online advert, the 2 'non bedrooms' in the loft have beds in the photos, the two 'bedrooms' on the other floor, don't in the pics!

Minor point, but ironic.

The initial point of this thread was that the buyer viewed it as a four bed, loved it, offered asking price. Then their solicitors phoned them and said "mind, I reckon that's only a 2 bed". They contacted the EA who appear to have made the change then.

I've asked 3-4 times & the EA refuse to tell me why they made the revision, except that their duty of care to buyers obliged them to.

All I know is that they're saying that not having building regs due to the age of the conversion prevents them from calling it a 2 bed.

They have also communicated to the buyer's lender that it is a '2 bed' so the valuation will be on that basis. As I mentioned below, that could hit the price by 10k-plus if you look at 2 beds in this area.

My solicitor still says it's fine.

McBozo

but you couldn't have approved the particulars which will cause issues later on. I'd sack the EA and move on.