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Any advice gratefully received - dodgy agent

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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 30 September 2016 at 6:17PM
    So this dodgy agent failed to pass on an offer in writing in 2 days, the offer was withdrawn, and the dodgy agent failed to get his commission?

    He's probobly already kicking himself!

    Do all the stuff advised in these posts and move on.

    Note:
    Re this law, I note the TPO Code of Practice says:
    9. Offers
    9a By law, you must tell sellers as soon as is reasonably possible
    about all offers that you receive at any time until contracts
    have been exchanged unless the offer is an amount
    or type which the seller has specifically instructed you, in
    writing, not to pass on. You must confirm each offer in writing
    to the seller, and to the buyer who made it, within
    2 working days
    I don't know what law it is though. I also suspect the 2 working days applies to the timeframe to send the confirmation as I cannot believe such a letter has to arrive within 2 working days.
  • marksoton
    marksoton Posts: 17,516 Forumite
    G_M wrote: »
    So this dodgy agent failed to pass on an offer in writing in 2 days, the offer was withdrawn, and the dodgy agent failed to get his commission?

    He's probobly already kicking himself!

    Do all the stuff advised in these posts and move on.

    Note:
    Re this law, I note the TPO Code of Practice says:

    I don't know what law it is though. I also suspect the 2 working days applies to the timeframe to send the confirmation as I cannot believe such a letter has to arrive within 2 working days.

    It's a COP. That means in itself you commit no offence by failing to comply.

    However a court ( especially in HSE matters ) will deem the failure to comply as guilt and apply other measures.

    But i really can't see that flying in this case.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 30 September 2016 at 7:53PM
    marksoton wrote: »
    It's a COP. That means in itself you commit no offence by failing to comply.

    However a court ( especially in HSE matters ) will deem the failure to comply as guilt and apply other measures.

    But i really can't see that flying in this case.
    Agreed it's a COP.

    However it clearly refers to a law. I doubt it would do that unless there were a law in existance.......

    Other clauses in the COP do not refer to law, so yes, they are simply a COP.

    (if I could be a*s*d I'd do some research to find this law [or disprove its existance] but I can't - be a*s*d that is, not not find the law)

    [ luv the double negative!]
  • marksoton
    marksoton Posts: 17,516 Forumite
    G_M wrote: »
    Agreed it's a COP.

    However it clearly refers to a law. I doubt it would do that unless there were a law in existance.......

    Other clauses in the COP do not refer to law, so yes, they are simply a COP.

    (if I could be a*s*d I'd do some research to find this law [or disprove its existance] but I can't - be a*s*d that is, not not find the law)

    [ luv the double negative!]

    Funnily enough,neither can i........
  • bouicca21
    bouicca21 Posts: 6,726 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What the market said 6 months ago is not what it says now. In my area - where that sort of price for a 4 or 5 bed house is common - it has definitely cooled. There are other areas where it is still vibrant.

    Given the marketing history it sounds as though OP is in an area where the market is slackening off. The EA probably has difficulty in coming up with a price and has over valued it. There is nothing dodgy at all ( law - has to pass on offer; the rest is COP) Reduce the price and get shot of it. There is no point in faffing about over what, in the context, are really relatively small sums of money. A million and a bit will get her a choice of suitable properties with a tidy sum left over - and after all that's the objective, isn't it?
  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    No-one has posted what seemed to me to be obvious: the buyer who vanished to Australia never existed, but the story was made up to persuade you to reduce the price.

    I don't see what can be gained from making a complaint, since the agent's conduct did not lead to any cash loss.
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