Property Information Form missing a LOT of info.

thequant

Eejay wrote: »

Phew - my husband has a letter confirming the EA received the deposit. Guess it'll not be so easy for them to keep it after all

check to see if you were sent any terms and conditions, if they didn't, no doubt they will produce some at some point alleging the deposit is not refundable.


If they do, don't worry about it to much, no one has the right to retrospectively invent the terms.


If you are sure there isn't any, then I say go for it, but expect a fight to get it back though


My feeling is in the whole situation, the EA's has no interest in the sale going through. He got his fee when you paid the holding deposit, hence the lack of interest and co-operation since then.




Do you know if the fee went to the EA or the vendor ?

Eejay

thequant wrote: »

check to see if you were sent any terms and conditions, if they didn't, no doubt they will produce some at some point alleging the deposit is not refundable.

If they do, don't worry about it to much, no one has the right to retrospectively invent the terms.

If you are sure there isn't any, then I say go for it, but expect a fight to get it back though

My feeling is in the whole situation, the EA's has no interest in the sale going through. He got his fee when you paid the holding deposit, hence the lack of interest and co-operation since then.

Do you know if the fee went to the EA or the vendor ?

My husband has just had a good sort out of his paperwork (it was all in one folder, but he's put it in some sort of order) and there are two interesting letters. One is about the deposit (this is the whole 'body' of the letter):

"We are pleased to acknowledge receipt of your deposit in the sum of £500.00 in respect of your agreed purchase of the above property.

We have advised your solicitor that we are holding this deposit and asked them to account for this when agreeing the completion statement with the seller's solicitors following legal exchange of contracts.

Should you not proceed with this transaction for any reason please let us know immediately and we shall make arrangements to return your deposit in full."

No terms and conditions mentioned and it has been signed by the person who has been dealing with most things.

The second letter, sent on the same day, includes some information about the tenants which confirms what I was saying before:

"We are aiming to exchange contracts as soon as possible and will then give the tenants two months notice to leave at that point."

They also state in the letter that they "are hear to help [us]" :rotfl:

thequant

Eejay wrote: »

My husband has just had a good sort out of his paperwork (it was all in one folder, but he's put it in some sort of order) and there are two interesting letters. One is about the deposit (this is the whole 'body' of the letter):

"We are pleased to acknowledge receipt of your deposit in the sum of £500.00 in respect of your agreed purchase of the above property.

We have advised your solicitor that we are holding this deposit and asked them to account for this when agreeing the completion statement with the seller's solicitors following legal exchange of contracts.

Should you not proceed with this transaction for any reason please let us know immediately and we shall make arrangements to return your deposit in full."

No terms and conditions mentioned and it has been signed by the person who has been dealing with most things.

The second letter, sent on the same day, includes some information about the tenants which confirms what I was saying before:

"We are aiming to exchange contracts as soon as possible and will then give the tenants two months notice to leave at that point."

They also state in the letter that they "are hear to help [us]" :rotfl:

fantastic, that letter is the t&c's effectively.


no wriggle room for them at all, to refuse to refund the payment.

Annie1960

Eejay wrote: »

We have advised your solicitor that we are holding this deposit and asked them to account for this when agreeing the completion statement with the seller's solicitors following legal exchange of contracts.

Good news about the deposit.


"We are aiming to exchange contracts as soon as possible and will then give the tenants two months notice to leave at that point."

Complete madness! So, you will exchange, the tenants will get 2 months' notice, and completion will take place after 30 days?

Where does the EA expect you to live for the first month after you complete?

Your solicitor should not let you exchange until the tenants are out, and the mortgage company will not agree to this either. Is the EA new at his job?

thequant

Annie1960 wrote: »

Complete madness! So, you will exchange, the tenants will get 2 months' notice, and completion will take place after 30 days?

Where does the EA expect you to live for the first month after you complete?

Your solicitor should not let you exchange until the tenants are out, and the mortgage company will not agree to this either. Is the EA new at his job?

I missed that at the bottom (too busy addressing the deposit issue)


Totally agree, absolute madness, completely, totally and utterly unworkable way of conducting a house purchase.


Glad I kept with this thread and other one, when the other mse'er were wading in against the OP. I had feeling things were not as straight forward as they seemed.


Although I think the OP could have saved themselves a lot of crictism if they had been revealing these crucial bits of info earlier.


Good knows what else has gone on, in fact I don't want to know.


OP just get your money back and run!


There's absolutely no way this sale can possibly proceed, either your bank or the solicitor will stop it. And you will have lost money at that point.

Eejay

No, the main person dealing with it is the "Associate Partner" who joined in 2001, and the other is a "Senior Sales Negotiator" (with a degree) who joined in 2002. They share a surname, as does one other member of staff who we haven't had the misfortune of dealing with yet - I suspect they are all related (possibly mother and sons). There are another four members of staff who share a different surname, but since that's also the business name, it's more understandable. I reckon with so much nepotism, submitting a complaint wouldn't get us very far at all :P

They know that we are renting at the moment and have this property until February, but that's not the point. It could end up so complicated - we didn't realise until we came on here that tenants can't be forced out of a property unless the landlord goes through the courts.

When my husband listed his other property in the past, he waited until it was empty before doing so. There was very little interest and he lost his job so he took it off the market and got new tenants, but he's never considered listing it with tenants, even though it means paying council tax and other bills whilst it's empty. The current tenant is in there until December next year, at which point he will be considering trying again. I just can't understand why people have to make things so difficult unless it's purely greed.

jjlandlord

Annie1960 wrote: »

Complete madness! So, you will exchange, the tenants will get 2 months' notice, and completion will take place after 30 days?

Where does the EA expect you to live for the first month after you complete?

Obviously in such case the contract would not set a 30 day deadline to complete...
If it did it would be madness for the vendor since he would be the one not able to complete as he would likely not have obtained vacant possession.

Annie1960

Eejay wrote: »

I just can't understand why people have to make things so difficult unless it's purely greed.

Or perhaps a naive vendor who is being badly advised by the EA.It doesn't help in this case that the vendor is out of the country.

Eejay

thequant wrote: »

I missed that at the bottom (too busy addressing the deposit issue)

Totally agree, absolute madness, completely, totally and utterly unworkable way of conducting a house purchase.

Glad I kept with this thread and other one, when the other mse'er were wading in against the OP. I had feeling things were not as straight forward as they seemed.

Although I think the OP could have saved themselves a lot of crictism if they had been revealing these crucial bits of info earlier.

Good knows what else has gone on, in fact I don't want to know.

OP just get your money back and run!

There's absolutely no way this sale can possibly proceed, either your bank or the solicitor will stop it. And you will have lost money at that point.

I did try to make it clear but I genuinely didn't have a clue that there were so many issues. Apart from the odd phone call, they've barely spoken to us until the end of last week. I get the impression they wanted to trick us into arranging the survey etc whilst our solicitor was away so that we'd spent more money and were less likely to pull out.

When the EA rang last week, he asked about the mortgage and I said that my husband had been looking at the different options and had decided on one, and that the woman from the bank was supposed to be contacting him and putting it through, but that she'd delayed because of the rate changes - not because he couldn't decide. I said I wasn't sure whether she'd been in touch and that's why he should contact him rather than me. It turns out she still hasn't been in touch - I'm really not sure what's going on there... he's tried to contact her in various ways but nobody at the bank would even answer the phone earlier today (and he tried at the end of last week too).

My husband then got me to listen to his Voicemail this evening as he didn't want to hear what the EA was moaning about now, and it turns out he'd not listened to the one the EA left him after the phone call with me on Thursday (he'd called them back without listening to it, so it didn't really matter). In it the EA stated that I'd told him the reason the mortgage hadn't been put through was because he hadn't decided which option to go with - that wasn't the case at all! I can understand a bit of confusion but I'd told him I wasn't sure whether the woman had been in touch - I didn't expect him to go stirring things between me and my husband.

Also, I told my husband that the EA had said that "surveys are usually carried out 7 to 10 days after an offer being accepted", but then my husband started using the word "searches" and I assumed I'd made a mistake. However, after listening to the Voicemail this evening, the EA definitely said survey. From what I've read, these are usually done by the bank after you've applied for a mortgage, but they are adamant we should have had them done right at the start.

Thrugelmir

Eejay wrote: »

From what I've read, these are usually done by the bank after you've applied for a mortgage,

Irrespective of all other matters. This purchase is going nowhere until you apply for one.

How much of a bill have you run up with your solicitors so far?