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Suing an Estate Agent
The_Deep
Posts: 16,830 Forumite
At the beginning of May we offered £415,000 on a house. This was accepted and a Memorandum of Sale issued on 23 May and we instructed our solicitors to act for us.
On 1st June my solicitor sent us draft contracts stating the sale price was £420,000. I immediately contacted him to query this.
He emailed me on 8th June to say that the vendor was insisting that the contract had always been for £420,000. He also said that he had received papers quoting both amounts.
I therefore telephoned the estate agent on 16th June, who insisted I had offered £420,000, he would not let me speak, accused me of sharp practice, and I terminated the call.
I therefore sent the EA a copy of the MoS asking for an explantion. The next I heard was from another member of the staff of the EA who started the conversation wit the words !!!8220;We both know that you offered £420,000 ...!!!8221; I replied that I knew no such thing, and terminated the call. Instructing them to only contact me in writing.
On 18th June I received an an email saying that they had sent out an erroneous MoS, but had sent a correction 10 minutes later. I did not receive this second MoS.
The result was that I incurred expences of some £280.00 in local searches.
It is my belief that the EA may have committed an act of negligence causing me harm, and I am thinking of making a claim against the company for failing in that duty of care which they owe me, (Donaghue v Stephenson, 1932), the snail in the ginger beer case.
Two weeks ago I won a similar negligence case in the SCC, the vendor concealed a Home Rights Notice from me. I was legally represented at that hearing but it would appear that this matter is suitable to be heard on the papers.
What do others think?
On 1st June my solicitor sent us draft contracts stating the sale price was £420,000. I immediately contacted him to query this.
He emailed me on 8th June to say that the vendor was insisting that the contract had always been for £420,000. He also said that he had received papers quoting both amounts.
I therefore telephoned the estate agent on 16th June, who insisted I had offered £420,000, he would not let me speak, accused me of sharp practice, and I terminated the call.
I therefore sent the EA a copy of the MoS asking for an explantion. The next I heard was from another member of the staff of the EA who started the conversation wit the words !!!8220;We both know that you offered £420,000 ...!!!8221; I replied that I knew no such thing, and terminated the call. Instructing them to only contact me in writing.
On 18th June I received an an email saying that they had sent out an erroneous MoS, but had sent a correction 10 minutes later. I did not receive this second MoS.
The result was that I incurred expences of some £280.00 in local searches.
It is my belief that the EA may have committed an act of negligence causing me harm, and I am thinking of making a claim against the company for failing in that duty of care which they owe me, (Donaghue v Stephenson, 1932), the snail in the ginger beer case.
Two weeks ago I won a similar negligence case in the SCC, the vendor concealed a Home Rights Notice from me. I was legally represented at that hearing but it would appear that this matter is suitable to be heard on the papers.
What do others think?
You never know how far you can go until you go too far.
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Comments
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Send them a LBA advising that unless they pay the £280 you will sue via MCOL and see what happens.0
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They sent an erroneous MoS out then a corrected one 10 minutes later? Was this by email? They won't be able to prove this!
As above I think they're better off paying you the £280 that you've lost! Hope they do!0 -
You cannot bring a negligence claim against the estate agents.
Negligence requires a 'duty of care'. The estate agents owe a duty of care to the seller, their client. They do not owe a duty of care to you.
I very much doubt the 'Home Rights Notice' you referred to was a negligence case. It would have been a misrepresentation case or a breach of contract case.
I would suggest you send a polite email to the EA confirming that your offer was always £415,000 (if this was true), as reflected in the memorandum of sale.
If this is indeed a case of 'sharp practice' on your end, and a £420k figure was discussed verbally despite what is stated in the memorandum of sale, then you should not play games and that is what you should pay.
Of course as contracts have not yet been exchanged either party is free to walk if they are not happy with the price that is on the table.0 -
steampowered wrote: »You cannot bring a negligence claim against the estate agents.
Negligence requires a 'duty of care'. The estate agents owe a duty of care to the seller, their client. They do not owe a duty of care to you.
I very much doubt the 'Home Rights Notice' you referred to was a negligence case. It would have been a misrepresentation case or a breach of contract case.
I would suggest you send a polite email to the EA confirming that your offer was always £415,000 (if this was true), as reflected in the memorandum of sale.
If this is indeed a case of 'sharp practice' on your end, and a £420k figure was discussed verbally despite what is stated in the memorandum of sale, then you should not play games and that is what you should pay.
Of course as contracts have not yet been exchanged either party is free to walk if they are not happy with the price that is on the table.
You're very wrong. The case referred to by the OP very much proves that the EA owes a duty of care to the purchaser. This case has very wide implications.Eat vegetables and fear no creditors, rather than eat duck and hide.0 -
No there is a huge difference between the OP’s situation and the case quoted.
The OP is not the EA’s customer therefore no duty of care.0 -
What did the OP's solicitor receive?rosieraspberry wrote: »They sent an erroneous MoS out then a corrected one 10 minutes later? Was this by email? They won't be able to prove this!0 -
Oh dear,
steampowered, I do not think that I have seen more misinformation recently than that contained in your post. Might I suggest some research before you next post, I certainly do not appreciate being called a liar, and/or playing games.
And why do you "very much doubt " that I brought the case under Tort? or that concealment of an HRN and issuing a false instrument are not breaches of a duty of car? DJ Jones found that they were.
Rosier, I do not know how they sent it, I did not receive it.m
allypally, of course I am a customer, just as, when I buy a Mars Bar in Tesco, I am a customer. Did you not read Donoghue v Stephenson?
https://en.wikipedia.org/wiki/Donoghue_v_Stevenson.
For others who think that contract law applies, it does not, in Tort no contract is required.You never know how far you can go until you go too far.0 -
so you are a serial litigant and therefore I fail to see what "advice" you want on here other than do whatever floats your boat
Not really a "serial litigant"
https://en.wikipedia.org/wiki/Vexatious_litigation
but I am aware of my consumer rights. I have only taken five defendants to court since 1999, (two were tenants), but I have won them all.
I am seeking advice on papers only hearings, I am £200 out of pocket on this month's case for legal costs..You never know how far you can go until you go too far.0 -
I did a paper on it I spent three days reading the case and judgement.
Unlike the merchant in the case and your example of Tesco’s your relationship with the EA is not the same.
An EA does not sell you the property the vendor does. The EA only markets the property. (It’s like you saying you would sue Tesco’s marketing firm.)
The only customer the EA has (owes a duty of care to) is the vendor.
An EA is not a merchant.
I suggest you reread the case and the definition of an EA.0
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