Estate agent obligations to buyers

moneyistooshorttomention

Is there anything laid down in writing anywhere as to what EA obligations to buyers are legally?

I know, for instance, that there is a requirement legally for EA's to say any negative factors they know about a house - and I think this is a legal obligation that has arisen immediately prior to me buying my current house (as I did get told factors I would wish to know about some available houses by other EAs).

I don't want to go into details on a public forum obviously - but something has now arisen totally out of the blue that is a factor that the EA should have known about and should have told would-be buyers. They didn't... ie tell me...

I've been busy googling around and can see details of a (very expensive) house for sale a few years back where the EA concerned DID put that down on the details of the house for sale.


However, I don't know if there is a legal obligation for the EA to mention this particular factor when the house is put up for sale.

The matter concerned is to do with the fact that the house is in an unadopted road and has come totally as a bolt from the blue and money is being demanded from me and the "demander" is making out that they are doing so as of right.

I am 99.9% sure that its just a try-on and they cant actually do this - as otherwise there would be something somewhere down in writing saying they could (eg in my original deeds). However, those EA details for that luxury house sold elsewhere in the country a few years back that specifically mentioned that factor has got me wondering....

silvercar

I don't think that there is any requirement to give out negative information if not asked. Many do, in order that buyers will be aware of something that they will find out further down the line. I thought it was to avoid buyers pulling out once they find out something that they will definitely uncover for themselves. I don't see EAs being obliged to tell you of something you may not uncover. It is up to you, your solicitor and your surveyor to uncover nasties for yourself.

I would expect an unadopted road to show up on a search. Your solicitor should then investigate who maintains it.

fed_up_and_stressed

forget the estate agent ..they work for the sellers.

I'd be contacting your solicitor as unadopted roads tend to be highlighted through the searches to find out why this wasn't picked up.

King_Slayer

I don't believe that this will fall under the EAs obligation. Maybe the one listed in 'the expensive house sold a couple years ago' is because their was already someone claiming these fees.

We had a similar issue, however at the time of purchase this should be picked up by your SOL during the searches. There is also a possibility that when the main road was sold this may have been accidentally omitted from the deed, which would then give 'demanders' the opportunity to come a-calling.

This is really something that will fall under your SOL/Conveyanver obligation, if the search was paid for, that is.

cbrown372

Does the insurance you took out regarding the un-adopted road not cover you for any expense arising as you took it out before finalising the sale?

Mallotum_X

This should have been highlighted by your solicitor. Its not for the estate agent to necessarily highlight unless asked and even then the agent may not have known if its not obviously a private road.

When you saw the house was the road in a good state of repair, was there anything about the way it looked to suggest it may have been un-adopted?

Your deeds should detail the obligations you have in respect of the road.

maninthestreet

Who is demanding money from you, for what reason, and how much?

Surrey_EA

Whilst I would consider it wise for an EA to highlight that a property is located on a private road I am not aware of any legal obligation to do so.

This is something your conveyancing solicitor should have identified and made you aware of.

Surrey_EA

It doesn't sound like your proposed purchase has yet exchanged, so you are not the legal owner, so I don't understand how anyone can be demanding money from you? How have they made contact with you?

cbrown372

Hardly a bolt from the blue when this thread is two years old.

https://forums.moneysavingexpert.com/discussion/4726555

I remember reading it at the time and thinking this could lead to trouble.

Surrey_EA

cbrown372 wrote: »

Hardly a bolt from the blue when this thread is two years old.

https://forums.moneysavingexpert.com/discussion/4726555

I remember reading it at the time and thinking this could lead to trouble.

:rotfl:

Of course, it's the EAs fault.