Estate agent greedy for his commission - 92 year old mother

moneyistooshorttomention

What I'm wondering - ie re the cold-calling prior to the EA visit - is whether this particular EA is doing research on which houses have elderly people in.

It's not that hard to check out at least the general agegroup of someone on line.

Add that, even if they are cold-calling generally (ie rather than picking a specific agegroup to try this on) - as soon as your mother picked up the phone her voice probably told them she is elderly (as many peoples voices change as they get older).

either way - they figure they've picked a vulnerable agegroup. It may well be that your mother isnt the only one they've targetted like this - there may be other elderly people that have also been on the receiving end of this.

Personally - I'm wondering if it might be an idea to contact your local Age Concern office and see if they've had reports of this happening to other elderly people in the area. Strength in numbers after all....

eddddy

Going slightly OT...

Interestingly, I know an 85 year old lady who periodically invites EAs to value her flat (as well as other salespeople), because she enjoys having somebody to talk to when they visit.

She also asks them to do odd-jobs for her whilst they're there!

Apparently, a bathroom salesman re-tuned her freeview TV and got her computer working. She was so pleased that she signed a contract for a new bath.

But then she cancelled the bath during the cooling off period.

xylophone

Your mother has told you that she definitely does not want to sell her property and only signed because she felt pressured or intimidated by the agent?

I ask because you do not indicate what your mother has to say about the matter. The fact that the house has been in the family for forty five years does not of itself mean that she does not wish to sell it - I know people who've sold after fifty years or more.

If she is certain that she does not want to sell, then either she or you (with her written permission if you do not have PoA ), should cancel the agreement as above.

If you do not have Power of Attorney for your mother, perhaps it is time that you did?

https://www.gov.uk/power-of-attorney/overview

DoaM

@post #20 ... Is that clause legally enforceable? I thought legal rights (Doorstep Selling Regulations?) could not be signed away?

Doorstep selling regulations

Exceptions
These rules don’t apply to:

financial services eg mortgages, pensions, insurance
contracts for the construction of new houses and flats, sale or rental of property (but they do apply to estate agents’ marketing services, extensions, patios, conservatories or driveways and to repairs, refurbishment and improvement of property)
contracts for food and drink supplied by regular roundsmen, like a milkman
contracts worth £42 or less

G_M

Susieee has not been back, and we are speculating (bickering aside).

In order to know how best to advise, we need to know:

* has Susieee got POA?
* is mum actually 'on the ball', or is she genuinely vulnerable?
* was mum aware of what she was signing/doing?
* does mum want to sell? (as suggested, she might actually want to downsize etc)
* how long ago was this? Within the 14 day cooling off period?

Whilst answers will clarify the position, there should probobly be dual responses:

1) the G_M 'tea & cakes' approach. A friendly meeting with a manager who (if he's got any humanity and common sense) will simply apologise and cancel the contract (assuming mum really does not want to sell).

2) the legal formal approach, which will involve a formal letter (yes, in writing), either signed by mum or someone with POA, cancelling the contract.

Reading what's been signed is also a good move!

Final hypothesis: if the EA stuck to their guns and insisted on chargig fees for whatever breach of contract arose, would they actually go as far as taking a 92 year to court?

And if they did, how do we all think a judge would respond to this story, and the EA's claim..........?

davidmcn

Susieee wrote: »

My mother who is very elderly - she is 93 in November

...
I do not want to be dealing with these kinds of things at the age of 77.

Mum had racy younger years!

Susieee

Hello all,

Thank you so much for all the replies.

I'll try and answer some of the questions while I have a quick few minutes now and then properly later on this evening when I am home.

My mother is 92 years old, nearly 93. She suffers from mild dementia and has been forgetting a lot of things lately; things like forgetting to turn off the gas oven after cooking and other tiny memory lapses. I offered to move in last year but she would have none of it - unfortunately. I live a fair way away and it's difficult for me to travel and visit her. Thankfully the neighbours are very, very good and see her often and make sure she has everything she needs. She tries to be independent but I would definitely class her as vulnerable - and from what I have read this changes things legally. How can I prove she is vulnerable? I would say that if anyone cared to spend a few minutes with her they would know that she is very trusting and easily convinced. I am sure that the agent knew this but saw a quick sale and a lot of commission.

She does not want to move, I know that for sure because she loves the neighbourhood and loves the neighbours - she's lived there for a very long time. She has told me she doesn't want to move.

The agents are charging 2% and the selling price is £795,000. The property was not listed on Rightmove at 9am because my son checked for me at the same time as I was on the phone - just to confirm. The agent said 'it should be'. We checked at 9.30am and it was there - unfortunately for us. The contract which we now have been emailed states that there is no cooling off period once marketing has started. We have officially complained using their complaints@... email.

It's worth noting that, in my humble opinion this house is worth around £850,000. I am worried what will happen if we start getting offers? Is it possible to refuse all offers? Possibly even raise the selling price?

Is there a way I can find if they are regulated and complain to that body? There is nothing on their website about registrations and qualifications.

They have sent a short sharp email saying that 'a contract has been signed by Mrs Bloomer and we urge her to get in contact with us if there is anything she needs to discuss' They do not want to talk to me. I have explained this to my mother but I cannot seem to make her understand that her house is on the market and could be sold to someone and she might have to move.

Thank you all for being so wonderful.

Susan.

Guest101

Susieee wrote: »

Hello all,

Thank you so much for all the replies.

I'll try and answer some of the questions while I have a quick few minutes now and then properly later on this evening when I am home.

My mother is 92 years old, nearly 93. She suffers from mild dementia and has been forgetting a lot of things lately; things like forgetting to turn off the gas oven after cooking and other tiny memory lapses. I offered to move in last year but she would have none of it - unfortunately. I live a fair way away and it's difficult for me to travel and visit her. Thankfully the neighbours are very, very good and see her often and make sure she has everything she needs. She tries to be independent but I would definitely class her as vulnerable - and from what I have read this changes things legally. How can I prove she is vulnerable? I would say that if anyone cared to spend a few minutes with her they would know that she is very trusting and easily convinced. I am sure that the agent knew this but saw a quick sale and a lot of commission.

She does not want to move, I know that for sure because she loves the neighbourhood and loves the neighbours - she's lived there for a very long time. She has told me she doesn't want to move.

The agents are charging 2% and the selling price is £795,000. The property was not listed on Rightmove at 9am because my son checked for me at the same time as I was on the phone - just to confirm. The agent said 'it should be'. We checked at 9.30am and it was there - unfortunately for us. The contract which we now have been emailed states that there is no cooling off period once marketing has started. We have officially complained using their complaints@... email.

It's worth noting that, in my humble opinion this house is worth around £850,000. I am worried what will happen if we start getting offers? Is it possible to refuse all offers? Possibly even raise the selling price?

Is there a way I can find if they are regulated and complain to that body? There is nothing on their website about registrations and qualifications.

They have sent a short sharp email saying that 'a contract has been signed by Mrs Bloomer and we urge her to get in contact with us if there is anything she needs to discuss' They do not want to talk to me. I have explained this to my mother but I cannot seem to make her understand that her house is on the market and could be sold to someone and she might have to move.

Thank you all for being so wonderful.

Susan.

They are correct, you aren't related to this contract.


But the house isn't going to be sold, unless she sells it. So I think you are also over reacting.


The key thing is 'when is the 2% payable' on completion or sooner?

AdrianC

Susieee wrote: »

My mother is 92 years old, nearly 93. She suffers from mild dementia and has been forgetting a lot of things lately; things like forgetting to turn off the gas oven after cooking and other tiny memory lapses.

Do you have PoA? If not, get that ball rolling NOW.

How can I prove she is vulnerable?

She's 92, living alone, and suffering from mild dementia. That's a pretty good definition in and of itself.
Is her dementia actually diagnosed or just "oooh, she's a bit forgetful"?

I would say that if anyone cared to spend a few minutes with her they would know that she is very trusting and easily convinced. I am sure that the agent knew this but saw a quick sale and a lot of commission.

That is a VERY serious allegation, bordering on criminal offences.

We have officially complained using their complaints@... email.

Step away from the email. Pen and paper, branch manager and head office. NOW.

I am worried what will happen if we start getting offers? Is it possible to refuse all offers?

Of course.

Possibly even raise the selling price?

Of course. Not that you want to do that, because you don't want to sell it.

They have sent a short sharp email saying that 'a contract has been signed by Mrs Bloomer and we urge her to get in contact with us if there is anything she needs to discuss' They do not want to talk to me. I have explained this to my mother but I cannot seem to make her understand that her house is on the market and could be sold to someone and she might have to move.

So write a letter cancelling the contract immediately, saying the property is not for sale, and asking them to cease all contact with her. A letter FROM her, signed by her.

Susieee

Thank you for the advice.

I will write a letter and send it to my mums houses tomorrow and get the neighbours to explain to my mother what's going on and get her to sign it and then have it hand delivered - it will be faster that way and we have proof of delivery. They don't have a head office, just a single office in town. I don't have PoA but I will look into that as well. I think it is the best idea, I am the closest family she has now.

In the mean time I will try and fish for some more information about them on the internet.

Again thank you everyone, I will keep you all informed.