Estate agent greedy for his commission - 92 year old mother

AnotherJoe

Yes, my bad I missed teh 77.

My basic point stands, fixing this as a one off isn't going to be enough nor is leaving the problem with neighbours.

And, as I recall the OP said mum had done things like leave pans on the gas to boil dry, this isnt a stable situation to be going through. What happens after first EA is dealt with and mum restarts again? She's in a house worth a lot of money, that can, and IMO should, be used to get her proper help of one sort or another rather than leaving the neighbours to cope.

Susieee

Thank you so much for all the support and kind words you have all offered me.

A lot has happened over the weekend since I read all your comments and tried to reply. There was a lot to go through, so please excuse me for not replying to you all earlier and thank you along with giving you updates. The whole issue is already causing me huge stress and I do not think the end is anywhere close yet.

I have just come back from the estate agents office around an hour ago. I spoke to the director for more than an hour telling him that I spent most of the weekend with my mother crying about this whole sorry episode. I felt right from the off that he spoke to me in a slightly patronising way, even to the point where he started patting me on the back saying 'here here, everything will be alright'. I felt like a little child with the way he was making me feel.

He reiterated the fact that my mother had signed the contract thereby waiving her legal rights to a refund or a cooling off period. He said his agency has a duty of care to vulnerable people and, in this case, he did not feel that my mother was a vulnerable person. I objected and let him know my side of things in no uncertain manner. I told him that she has dementia but he asked for proof - sadly there is no proof.

He said we should sell as now is a 'good time to sell' and we have 'had an offer'. I doubt this as there has been no viewings. I think the house is on for sale at a good price and it will attract interested parties. He did take the letter but he said they will continue to market it and should my mother have any concerns she should call or better still come into the office and see him at a time the sales agent will also be there.

He has also stated that 'we never cold call as such' except leaflet dropping the whole area once every 3 months. It was actually my mother that called his office and requested an 'appraisal' There is a ''see what your house is worth' leaflet here at the house.

I am very stressed and do not know what to do.

My mother hardly spoke to me and when I bring up the situation she freezes and doesn't want to talk. She has been quiet and sad in general and, even this early, I can see it effecting her.

From all your advice above I have made a list:

Writing letter

PoA - I will check what that entails today.

Tradnig standards - I called this morning but bottom line, they did not seem that interested to take things further, suggesting that I keep in contact with the estate agents.

Age Concern, Alzheimers UK - I think this is a good idea as they will have experience of similar situations and, I hope, would have helped to resolve them with a positive outcome.

Local newspapers, national newspapers - I used to write for a few newspapers and have some very good contacts for national newspapers who have property sections - I am sure they would be interested but I do not think it is something I want to consider for all the stress it could bring to me and my mother.

I am pretty sure that my mother did call the agent and did book the 'appraisal' but it was just to find out the price. I know for sure she does not want to move from a house that she loves. She has said before that she wants to die there.

I am really saddened by this estate agent. Their online reviews, if true, are awful and this company wont let down. I had heard of horror stories before but never thought this kind of thing could happen to me. I have been in tears all morning and I need a rest from this as even my health is deteriorating.

I just wish this situation would go away and you kind people would not be troubled.

Susan.

copperjar

Susan - has your mum said the words "I don't want to sell"? If so, support her to ring the EA and say it directly to them. It seems to me that they don't wish to deal directly with you and legally, they don't have to as you have no POA and for all they know, you are working agsinst your mothers wishes.

You say she has barely spoken to you this weekend. Does she definitely not want to sell? I know it is difficult but have you given her the time and space to communicate her wishes to you? Maybe she has been thinking about the future and what her options are??

AdrianC

Susieee wrote: »

I told him that she has dementia but he asked for proof - sadly there is no proof.

There has been no diagnosis? Not that it's any of his business, but...

Her age inherently makes her vulnerable, but if she's not been diagnosed as having dementia, then it's going to be hard to use that to support your arguments.

He has also stated that 'we never cold call as such' except leaflet dropping the whole area once every 3 months. It was actually my mother that called his office and requested an 'appraisal' There is a ''see what your house is worth' leaflet here at the house.

I am pretty sure that my mother did call the agent and did book the 'appraisal' but it was just to find out the price.

That may have been her intent. Only two people were actually present, and it's entirely likely that she may have given off signals that she didn't intend to. Did she sign anything? At the end of the day, she IS still legally responsible for her own actions.

They can market the property as much as they like - even if people are viewing it and making offers, that does not actually sell the house. There is a long and slow legal process which she has to be actively involved in before that stage.

G_M

Thanks for the update.

I'd suggest the best way forward now is to do nothing.

Each time they make contact to do a viewing, reply "No it's not convenient - I'll call you back." And then ignore.

I assume they do not have keys? Check this with your mum!

I realise this might be difficult for your mum if you are not there and they ring her for a viewing. Can you do something about her phone? Get BT to block their calls? Even change the number so your mum is not hassled? If they can't phone her, they can't set up viewings!

If offers DO come in, she can simply reject them. at the end of the day, the property will only be sold if she signs a sales contract (NOT an estate agents contract).

Susieee

Hello,

Yes, she has stated that she doesn't want to sell the property. She doesn't even realise it's for sale. I can't get through to her that it is on sale and she signed the contract. I think it is all too much for her. She keeps on saying that she doesn't want to move from the property.

There is no way she will go to the office or call the agent directly herself. I have tried to ask her but she freezes. She just doesn't want to talk about the house or the agent. It is like nothing happened and I am going on and on about nothing.

I feel really upset and sad.

Bonfire_Bride

Oh dear! I completely agree with Copperjar.


She may have said before that she wants to stay there but how does she feel now? Is the house too big for her to manage?


sorry - have just seen your response. You have had good advice above. Just ignore EAs - tell them its not convenient to view and wait for the contract to end. Can you block the EAs telephone number from your mums phone?

marksoton

Susieee wrote: »

I told him that she has dementia but he asked for proof - sadly there is no proof.

.

That is one of the most outrageous demands i've heard an EA make.

Guest101

Susieee wrote: »

Hello,

Yes, she has stated that she doesn't want to sell the property. She doesn't even realise it's for sale. I can't get through to her that it is on sale and she signed the contract. I think it is all too much for her. She keeps on saying that she doesn't want to move from the property.

There is no way she will go to the office or call the agent directly herself. I have tried to ask her but she freezes. She just doesn't want to talk about the house or the agent. It is like nothing happened and I am going on and on about nothing.

I feel really upset and sad.

Look the house isn't for sale, it's simply marketed as for sale.


At the end of the day, no sales contract, no sale.

G_M

Try

http://home.bt.com/news/bt-life/a-new-way-to-block-nuisance-calls-11363814039865