Warning to Next Buyer!

Rosemary7391

Smodlet wrote: »

... and is there anything more to prevent an EA from lying than there is a vendor? All they have to do is say they were not aware. This new law is, imho, a complete rhymes with bank until or unless an EA (ideally) or a vendor is convicted of breaking it.

I suppose, the OP could formally write to the EA and vendor, enclosing their survey report and suggesting that it is something that should be mentioned to new prospective buyers under this law. Then they cannot say that they were not aware. The difficulty arises in linking up the OP and the new potential buyer to see if they're told - don't see how that could be arranged so sadly, a nice idea but really very hard to enforce...

kilby_007

I've been through something similar although in my case the EA was slightly less devious. After our offer was accepted I was told without any prompting that the vendor would not negotiate further along the line. I found it weird that the EA was highlighting this so we went for a second viewing. It was only by chance that before the second viewing I got chatting to a builder nearby who was practically rebuilding a house across the road due to the house having been built with faulty bricks containing a certain building material that reacts with moisture. The whole of the brickwork below the damp proof course needed replacing. I noticed 2 other houses locally that had new brickwork below the DPC also. After a chat he warned me away from the house we were looking at, stating that the vendor had already approached him for a quote and because it was going to cost so much they'd decided to press on with selling the house and hope a survey wouldn't pick it up. So, on our viewing I quizzed the vendor about the "corroded brickwork" which I had now identified on the second viewing, and she played ignorant. I was a little dumbfounded, but I told the EA what we had found out. She basically said "rubbish, it's just wear and tear, and if you're not buying it then we have another buyer lined up". We did a little more research and found that corrosion is excluded under all home insurance policies, we backed out and it went "Sold STC' that day to the other buyer. I so wanted to tell the other buyer but there was no way of letting them know, so had to let it go.

My lesson - the EA doesn't care what is right or wrong about the house, whether you are buying a duffer, or who's being honest. They aren't really bothered about fairness or hearsay. They just want to make a sale. Take what the EA says with a pinch of salt. The only thing they're experts in (questionably) is marketing and selling houses as quickly as possible. Do your own research, cover all bases, and if in doubt shell out for a proper survey, even if it means instructing your own surveyor on top of the homebuyers report.

AdrianC

kilby_007 wrote: »

My lesson - the EA doesn't care what is right or wrong about the house, whether you are buying a duffer, or who's being honest. They aren't really bothered about fairness or hearsay. They just want to make a sale.

Umm, yes. That's exactly what the vendor is paying them to do. It's their job, their whole job, and nothing but their job.

It's YOUR job (specific parts of which you would normally delegate to your solicitor and surveyor) as the buyer to find out what you think you want to know about the house before you exchange contracts.

bouicca21

It's not just survey type problems that EAs lie about. When I was buying. The pushy EA clearly knew about a legal problem affecting the property. When my solicitor discovered it, he even took it upon himself to give me legal advice, assuring me that my solicitor was wrong.

kilby_007

AdrianC wrote: »

Umm, yes. That's exactly what the vendor is paying them to do. It's their job, their whole job, and nothing but their job.

It's YOUR job (specific parts of which you would normally delegate to your solicitor and surveyor) as the buyer to find out what you think you want to know about the house before you exchange contracts.

Umm, yes, that's exactly what I just said...

AdrianC

kilby_007 wrote: »

Umm, yes, that's exactly what I just said...

I'm merely surprised you seem to think there's a lesson there.

kilby_007

AdrianC wrote: »

I'm merely surprised you seem to think there's a lesson there.

It was my experience, but you only quoted one a portion of the paragraph where i went on to say what the lesson actually was (do your own research and don't rely on the vendor/EA to be honest), so don't be surprised, just read properly in future.

dc197

I would make a complaint to the EA and then to their governing body about the way they cancelled your survey.
I like the idea of sending them the report so that in the future they cannot claim ignorance.

moneyistooshorttomention

bouicca21 wrote: »

It's not just survey type problems that EAs lie about. When I was buying. The pushy EA clearly knew about a legal problem affecting the property. When my solicitor discovered it, he even took it upon himself to give me legal advice, assuring me that my solicitor was wrong.

Okays - I'll bite. What was this legal problem?

lush_walrus

Actually there is something you can do. Are they estate agents? Or do they call themselves something else? Have a look on their letterhead to see if they belong to a governing body. If they do you can make your complaint there. It's a long process so it may not protect another buyer but the only way rogues can be identified is by people bothering to complain.

With regards to the house, if you spotted the issue I am sure others will too. In reality most surveys come back with ott suggestions, it's their job to point out everything and if they don't they are open to action. A friend of mine had a building survey carried out on a two year old house insured with NHBC and it came back with bowing to joists and that electrics could not be confirmed in age and may need replacing. Obviously nonsense in light of it being two years old. I am yet to see a building survey come back with nothing on it!

A lot of the time the houses that need the most work are those that obviously need a lot of work and the EA price accordingly. Maybe or maybe not that was the case with yours.