Suing an Estate Agent

00ec25

The_Deep wrote: »

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..

oh dear

in no way, shape or form did I suggest, imply or state that you were a vexatious litigant. I merely observed that you were a serial litigant
https://en.oxforddictionaries.com/definition/serial

however, your subsequent post does reinforce what I implied, to-whit you are someone who looks to the law whenever possible and appears to enjoy using it to prove your point. Therefore, as I stated, do whatever floats your boat, since you are going to do it anyway whatever comments are made on here

SG27

The_Deep wrote: »

I have only taken five defendants to court since 1999, (two were tenants), but I have won them all.
..

:eek: I have managed my entire life so far without taking a single person to court! I am impressed you have managed 5 since 1999!

csgohan4

OP sue the EA and see what happens, while the rest of the world moves on and buys the house you want... All to make a point


Pick your battles wisely..

The_Deep

I have managed my entire life so far without taking a single person to court! I am impressed you have managed 5 since 1999


But are you a landlord? Two of those were tenants who mistook me for a charity.

ThePants999

This forum would have half the traffic it currently does if estate agents owed a duty of care to purchasers...

eddddy

The_Deep wrote: »

It is my belief that the EA may have committed an act of negligence causing me harm...

Check that the EA is a member of The Property Ombudsman Scheme, and if so, complain to them.

The EA has to adhere to a mandatory Code of Practice that is much more rigourous than the common law.

For example, the following is a mandatory term:

2. Duty of Care and Conflict of Interest

2a You must treat all those involved in the proposed sale or
purchase including sellers and buyers fairly and with courtesy

Link: https://www.tpos.co.uk/images/documents/rules-codes-obligations/residential-estate-agents/TPOE27-6_Code_of_Practice_for_Residential_Estate_Agents_A4_-_effective_from_1_Oct_2016.pdf

So if the EA has simply acted unfairly towards you, the ombudsman can order the EA to pay you compensation.

There are examples of the ombudsman ordering EAs to pay compensation to buyers who have aborted sales - although it's normally where the EA has misled a buyer... for example:

https://www.tpos.co.uk/news-media-and-press-releases/case-studies/item/storage-not-included
https://www.tpos.co.uk/news-media-and-press-releases/case-studies/item/more-problems-down-below

kinger101

Don't sue them. You're not there yet. You need to follow the EA's complaints procedure, then raise the issue with the ombudsman scheme of which they're a member. Courts take a dim view of people who don't follow the process.

I'd make it very clear that they've lied when you make a complaint.

bargepole

steampowered wrote: »

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.

Wrong on all counts.

I prepared the pleadings for this litigation, and represented Mr Deep at the hearing.

There was no contract existing between the proposed buyer and seller at the time the offer was made and accepted, in English law (but not in Scotland) no contract exists until exchange has taken place.

Our argument was that the seller did have a duty of care towards the buyer, in that he was obliged to inform the buyer of the HRN, which means that the property can't be sold without permission of the seller's wife, and he also had a statutory duty when completing the Property Information Questionnaire (form TA6).

By negligently breaching these duties, he caused the buyer to suffer losses, in the form of unnecessary expenditure on surveyors and solicitor fees.


The Judge agreed with all our arguments, and awarded the claim.

The_Deep

Thank you BP, what do you think of the plethora of conflicting opinions posted here? A small majority seem to think that estate agents can behave like !!!! Turpin and get away with it.

I have written to the EA politely requesting payment. I have also written to the NAEA complaining about the treatment I have received.

Should I go to the Ombudsman? I think that I would prefer the CC, but having been questioned recently by the judge about mediation, think that may be the way to go.








mcy

The_Earl_of_Streatham

The_Deep wrote: »

Thank you BP, what do you think of the plethora of conflicting opinions posted here? A small majority seem to think that estate agents can behave like !!!! Turpin and get away with it.


mcy

If you ask a bunch of strangers what they think about a situation, you're going to get a bunch of answers.

You ask a legal question of people who may or may not have legal qualifications to answer it, all of whom are fully aware that they're offering nothing more than a personal view on your situation.You then tell them they're wrong and that you are an experienced litigator who knows what he's about.

Then you bring in someone who claims to have acted as your adviser in preparing a case. That's like hiring a barrister to win an argument on a message board.

Take it to court already, nobody here is trying your case, nobody here is empowered to adjudicate, nobody here wants to have to argue with your legal representative.

Remember, too, that if it doesn't go your way nobody here is empowered to hear the appeal.