Estate Agent Interfering in Surveyor Choice

ChrisH48

Hi,

I had an offer accepted on a property a few weeks ago (stating at the time that it was subject to full building survey). The amount agreed is slightly below the asking price.

Everything has been going fine until I advised the estate agent of my choice of surveyor (chosen totally in good faith - I looked at 8 and the one I selected met all my requirements and gave the most prompt and professional responses) - when I advise the estate agent of the surveyor they call me 2 days later and tell me they have advised their client not to proceed on the basis that this surveyor has a "history of under valuation in the area".

I have asked the estate agent to put their concerns in writing but they have refused.

I'm in contact with the surveyor (who is extremely offended and insulted by the position of the estate agent) in question and he has just advised that the estate agents MD has advised him that I've agreed to go with an alternative surveyor - this is completely false.

The estate agents have advised me that in their "opinion" unless I change surveyor the sale will fall through as the buyer will not allow the survey to proceed.

I’ve taken advice from various sources (including my solicitor) who all say that this is utterly ridiculous/unethical behaviour by the estate agent.

I've also written to the buyer direct to try to explain the situation and am waiting on that response (if I get one).

It seems to me like the Newcastle United manager wants to pick both the Newcastle and Sunderland teams for the derby match.

I'm minded to refuse to change - make a compliant to the estate agent in question and then also make a compliant to the ombudsman regarding this.

I realise I run the risk of the sale falling through but wouldn't feel confident buying a house when the choice of surveyor has been influenced by the estate agent who is acting in the sellers interest.

An additional concern is that this estate agent sells most of the properties in the area so we would likely see the same issue come up again - as if this sale fell through - and we found a new house - I'd want to use the same surveyor - this should be my choice. They would object again etc etc.

For info my position is that I have a completion date for the sale of my current property and am able to rent my property back from my buyer until I'm ready to move – I’m in no great hurry.

Has anyone experienced anything like this - or have any advice that would help me?

Many thanks in advance.

Regards

C

theartfullodger

Tell agent your choice or deal off: and mean it.

eddddy

It sounds to me like everyone is just trying to protect their own interests - and you've reached stalemate.

I guess the options include:

- You back down over your choice of surveyor
- The seller backs down over your choice of surveyor
- You walk away

If you were the seller, what would you do in this situation?

ChrisH48

If I was the seller I'd probably go along with it - whether or not I actually allowed the sale to fall through would depend on my position regarding my move.

Winter_Phoenix

If you really, really want this house, then instruct a different surveyor.

Then, after you have moved in, make your official complaint against the estate agent, and support your original surveyor if he wishes to sue the estate agent (or take similar action).

MacMickster

theartfullodger wrote: »

Tell agent your choice or deal off: and mean it.

Exactly this.

If they believe that the sale may fall through after survey then they need to balance that with the sale definitely falling through without you being able to use the surveyor of your choice.

If they only want surveyors with whom they have a cosy relationship then how will you ever trust the results of those surveys?

maninthestreet

Is the EA trying to 'guide' you to a surveyor of their (not the seller's) choice? Could they possibly stand to get referral fees for doing so??

Clutterfree

Hmmm, does this surveyor always under value or is it that the EA knows that they themselves have over valued it?

ChrisH48

They aren't steering me towards any particular surveyor - but they have indicated in discussions with my preferred choice - who has in turn advised me - that there are possibly 3 surveyors in the area they don't "approve of" Id also suggest that the agent should have advised on any limitations they intended to place on surveyor choice at the start at the point of agreeing an offer subject to survey - not 8 weeks later - its the estate agent wasting the vendors and my time...

ChrisH48

I would add that my choice of surveyor recently passed their periodic RICS audit as an RICS Regulated Firm with excellent results - and that the fact that the estate agent having a problem with that firm - makes me more uneasy about not using them...

theartfullodger

Think I'd also tell the agent you "don't approve of" agents who apply that sort of pressure..