Estate agent misled me?

ScorpiondeRooftrouser

It's irrelevant how you define a chain, !!!!!!. The Estate Agent went beyond using a vague term like "chain" and told them the precise details of the situation.

It's like saying someone told you a car was "in excellent condition but has no engine", buying it, and then complaining that is has no engine so how can it be in excellent condition.

bertiewhite

caro1000 wrote: »

The agent told me again at the viewing that there was no chain. The sellers were moving out into a new build.

Obviously I wasn't there but if the EA told me this, I'd take this to mean that although the vendors were moving into a new build, this would not impede the timing of the sale.

My house purchase was described as "No Chain" as the vendor was moving in with her partner and when she attempted to delay the completion date because her son still needed to find somewhere to live, my solicitor pointed out that she had advertised the house as "No Chain" and declared the property as vacant possession on the sellers form.

ScorpiondeRooftrouser

Had you exchanged?

ReadingTim

LandyAndy wrote: »

First line from your link

Exactly the case here.

Is a "chain" of one link still a chain? This transaction is simultaneously both the beginning and the end of the chain, in much the same way as you have simultaneously grasped the point, yet completely missed it.

Anyway, regardless of semantics, the OP's on a hiding to nothing with any attempt to claim anything against the EA.

kingstreet

bertiewhite wrote: »

declared the property as vacant possession on the sellers form.

That means "vacant possession on completion" and not to be mistaken for a current condition of "empty".

bertiewhite

ScorpiondeRooftrouser wrote: »

Had you exchanged?

I can't remember but I don't think so. We were still trying to negotiate a completion date so my solicitor (as did I) wanted to know if there was no chain because she was moving in with her partner, why she was delaying, especially as at my end there was a chain which had been completed.

kingstreet wrote: »

That means "vacant possession on completion" and not to be mistaken for a current condition of "empty".

Yes, sorry I've been trying to edit my post to say that it was her son that needed somewhere to live. This was despite her stating that she was the only person living there and it would have vacant possession - we almost thought she was going to request that her son stay on until his Uni accommodation was ready.



I don't want to highjack this thread - I just wanted to draw a parallel with the OP's post in their understanding of a "chain".

System

ScorpiondeRooftrouser wrote: »

It's irrelevant how you define a chain, !!!!!!. The Estate Agent went beyond using a vague term like "chain" and told them the precise details of the situation.

It's like saying someone told you a car was "in excellent condition but has no engine", buying it, and then complaining that is has no engine so how can it be in excellent condition.

To be fair, the OP's posts suggest that the EA wasn't totally up front with them, regardless of your definition of 'chain'.

Caro1000 wrote: »

I was very clear before the viewing that I needed to move quickly and as such was interested in this house for that reason. The supposed new build was built and the sellers were only waiting for a buyer to come along.

But it wasn't built, and still isn't built! The EA hasn't told them the exactly details at all; they've outright lied (based on the OP's other comment that the vendors were surprised to find out the OP didn't know their situation).

That said, you don't really have much choice here, OP. You can either wait (stay at your current property or find somewhere else to rent), ask them to move into rented and exchange now, or pull out and find somewhere else. That's not a great set of options, but it's all you have. I think it's rubbish that the EA misled you, but that's done now and doesn't change your situation going forward.

ScorpiondeRooftrouser

x-caitlin-x wrote: »

To be fair, the OP's posts suggest that the EA wasn't totally up front with them, regardless of your definition of 'chain'.



But it wasn't built, and still isn't built! The EA hasn't told them the exactly details at all; they've outright lied (based on the OP's other comment that the vendors were surprised to find out the OP didn't know their situation).

That said, you don't really have much choice here, OP. You can either wait (stay at your current property or find somewhere else to rent), ask them to move into rented and exchange now, or pull out and find somewhere else. That's not a great set of options, but it's all you have. I think it's rubbish that the EA misled you, but that's done now and doesn't change your situation going forward.

The Estate Agent can't possibly know whether the seller's new house has been built. This is the kind of thing you get your solicitor to talk to their solicitor about. Once solicitors are involved, ignore the estate agent.

I have never bought a new build house but is it even possible to have a secured purchase of one before you have sold your existing house, assuming that is the source of your funding?

ScorpiondeRooftrouser

bertiewhite wrote: »

I can't remember but I don't think so. We were still trying to negotiate a completion date so my solicitor (as did I) wanted to know if there was no chain because she was moving in with her partner, why she was delaying, especially as at my end there was a chain which had been completed.

If you hadn't exchanged then it doesn't matter what the advertising said or what her form said. If she had wanted to delay, she could have. And you of course could have withdrawn from the purchase. She clearly didn't want that so went along with you, but it doesn't matter whether you had right on your side or not.

MrSnuggl3s

This seems like a good matter for the conveyancer IMO. What kind of communication have you had with them about the property you're hoping to buy?