Estate Agent Messed Up

kerri_gt

For those saying the vendor messed up, OP states the EA gave them the wrong keys, not the vendor. If the vendor handed off the correct keys to the EA and they gave OP the incorrect keys - how is the vendor at fault?

jackomdj

kerri_gt wrote: »

For those saying the vendor messed up, OP states the EA gave them the wrong keys, not the vendor. If the vendor handed off the correct keys to the EA and they gave OP the incorrect keys - how is the vendor at fault?

Because the EA is the sellers agent and acting on their behalf.

m0bov

OP has contract with vendor, the EA is working on behalf of the vendor, so OP sues vendor and the vendor will in turn claim/sue EA. Simples

m0bov

P.S Send a letter claiming for your extra costs and give the vendor 7 days to pay, then send a LBA. You can do a small claims if needed.

Lavendyr

Cakeguts wrote: »

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?

On completion day? In "perfect world" - which you seem to live in - of course this is what you do as soon as you gain access to your house. In "real world" - which the rest of us live in - dream on!

googler

jwno4 wrote: »

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.

If the situation were turned on its head, and you had given an EA the wrong set of keys, and they'd lost staff time and expenses, would you insist the EA were compensated for this?

Example: you're putting a deceased relative's house on the market. It's out in the country, let's say 45 miles out of town, and it's empty.

You go into the EA's office, and hand in the wrong set of keys. EA travels to the property to measure up, do photography, and can't get in. They're down 90 miles' worth of petrol, and a couple of hours of staff time at ... £9-12 per hour?

Do you compensate them for this, or do you write it off as "one of those things" ?

BrassicWoman

Lavendyr wrote: »

On completion day? In "perfect world" - which you seem to live in - of course this is what you do as soon as you gain access to your house. In "real world" - which the rest of us live in - dream on!

I have always done it same day, every single time.

G_M

No grey area.

As explained the vendor failed to Complete as per the contract. The buyer can claim any consequential losses eg hotel for the night, removal company's extra charges for extra day etc etc

The legal obligation was on the seller to provide keys - it makes no difference contractually whether the seller gave the EA the wrong keys, or the EA gave the buyer the wrong keys. That is matter between the seller and their agent.

Sue the seller.

(claiming off the EA will get nowhere unless/until the seller starts to blame his agent....)

Davesnave

kerri_gt wrote: »

For those saying the vendor messed up, OP states the EA gave them the wrong keys, not the vendor. If the vendor handed off the correct keys to the EA and they gave OP the incorrect keys - how is the vendor at fault?

I've checked and no one said the vendor 'messed-up.'

People said the vendor was in breach of contract by failing to give vacant possession.

How they failed was through their appointed agent messing up, but that's irrelevant when it comes to the OP claiming for any losses they incurred.

Lioness_Twinkletoes

Lavendyr wrote: »

On completion day? In "perfect world" - which you seem to live in - of course this is what you do as soon as you gain access to your house. In "real world" - which the rest of us live in - dream on!

No, I have always changed the locks on move in day. I think it's one of the most important things you can do, to be honest.