Estate Agent Messed Up

jwno4

Hi, on our completion date, the estate agent gave us the wrong set of keys to our new home. We were sat outside with a van load of our things waiting to move in. This was a Friday evening, so had to wait until the office opened on Saturday to get the correct keys sorted. Unpack, repack. It's the Estate Agents human error that meant we couldn't access the property on completion date. Is this a breach of contract? We lost valuable moving and cleaning time, yet they are refusing to recognise it as being an issue - just one of those things.

davidmcn

It's a breach of contract by the vendors, so you pursue them for your costs, and they presumably will try to get the EAs to reimburse them. Ask your solicitor if in doubt.

Cakeguts

Why didn't you call a locksmith out to change the locks so that you could move in? You were going to change the locks anyway weren't you?

Robin9

davidmcn wrote: »

It's a breach of contract by the vendors, so you pursue them for your costs, and they presumably will try to get the EAs to reimburse them. Ask your solicitor if in doubt.

What makes you think that the vendor messed up ? OP thread does not suggest that.

Human error by the EA - it happens.

As Cakeguts said - call a locksmith (and send the bill to the EA !)

eddddy

Robin9 wrote: »

What makes you think that the vendor messed up ? OP thread does not suggest that.

The vendor contracted to sell the property with vacant possession.

To give vacant possession the vendor must hand over the keys.

The vendor did not hand over the keys - so the vendor is in breach of contract.

(It seems that the vendor asked the EA to hand over the keys - and the EA screwed up. That's for the vendor to sort out with the EA.)

phill99

Its not a breach of contract between you and the EA as you don't have a contract with them.

[Deleted User]

Sorry this happened to you.

jwno4

yes this is where the grey area comes in. We've been denied access to our property on completion date because of the EA, via the vendor. The EA are acting on behalf of, so we feel it lies with them. Thanks for your help everyone, it's been an odd one as not sure this level of incompetence is common!

eddddy

jwno4 wrote: »

yes this is where the grey area comes in. We've been denied access to our property on completion date because of the EA, via the vendor. The EA are acting on behalf of, so we feel it lies with them.

It really isn't a grey area - this aspect of contract law is straightforward.

You had a contract with the vendor. The vendor breached the contract. You can claim damages from the vendor if you want.

(And the vendor might be able to claim damages from the EA.)

You had no contract with the EA.


Edit to add...

Although the EA might volunteer to pay your damages directly - to avoid inconveniencing their client. You can suggest it to them, if you want.

Davesnave

Just to reiterate what David and Edddy have told you, the only people you can go after are the vendors, who failed to give you vacant possession.

They may, in turn, be able to gain recompense from their agent, who messed-up, but that is none of your concern.

Did you have a hotel or B&B bill to pay? Was there extra to pay for the removers' time?

jwno4

Sure, I meant grey area because we haven't got anything between us and the EA, just the vendor. It's more frustrating that the EA seem to distance themselves from the whole thing. I believe the vendor has kept their side of it - made the key available - but the EA has messed up so badly they have breached the completion date on his behalf.