Estate Agent Contacted competing agent to scupper my sale

Fletchasketch

Hi HazyJo,

Yes- you're mainly correct with the second scenario. The difference being that I definitely didn't tell them which agent I was on with and I definitely did tell them I was selling and (potentially) buying with the same agent- so they would have known it was sensitive. I haven't had an offer accepted on property one- but made a second offer that I'm waiting to hear on, I found out EA2 had contacted them when I made this offer.

If it's standard industry practice to do this, then fair enough, (this is really what my query was) but surely they're required to at least inform you that they'll be contacting the other agent before they do so?

Comms69

Fletchasketch wrote: »

Hi HazyJo,

Yes- you're mainly correct with the second scenario. The difference being that I definitely didn't tell them which agent I was on with and I definitely did tell them I was selling and (potentially) buying with the same agent- so they would have known it was sensitive. I haven't had an offer accepted on property one- but made a second offer that I'm waiting to hear on, I found out EA2 had contacted them when I made this offer.

If it's standard industry practice to do this, then fair enough, (this is really what my query was) but surely they're required to at least inform you that they'll be contacting the other agent before they do so?

You're right, go sue them for millions!

Smodlet

Huuuhhh? Without hazyjo's scenario, none of this makes sense.

saajan_12

Fletchasketch wrote: »

Hi HazyJo,

Yes- you're mainly correct with the second scenario. The difference being that I definitely didn't tell them which agent I was on with and I definitely did tell them I was selling and (potentially) buying with the same agent- so they would have known it was sensitive. I haven't had an offer accepted on property one- but made a second offer that I'm waiting to hear on, I found out EA2 had contacted them when I made this offer.

If it's standard industry practice to do this, then fair enough, (this is really what my query was) but surely they're required to at least inform you that they'll be contacting the other agent before they do so?

1. You told EA2 you were selling. In order to establish the chain they need to contact your selling EA1. Since you didn't tell them the agent's name, they did a bit of digging rather than wait for you. That's all public info ie on Rightmove, so no difference, nothing 'sneaky' in finding EA1's company name.

2. EA2 said you were buying through them to EA1 - in the course of establishing a chain to ensure that you were indeed under offer on your sale. EA1 isn't going to give its clients names to randoms, EA2 would have to tell them the reason ie because your'e buying through EA2. Data Protection has rules about how data can be stored / shared and limiting this to genuine business NEEDS. This 'sharing' was needed in the course of business ie to establish the chain.

3. The fact you have made an offer isn't personal information (your address, contact details etc are) so not sure this is even covered by Data Protection Act.

financegeek

I can actually see where you're coming from with regards to a data breach. at no point did you give the agents permission to discuss with any other agents what you had (or hadn't) put forward an offer to purchase.

whether this is actually a data breach i have no idea (have you signed a contract / privacy policy for either?) but it's probably not worth pursuing.

i would however try and play them off against each other. if there's more than 1 property for sale in the same building that means there's competition which should work in the buyers favour!

good luck

eddddy

The bit I don't get is... why do you think this is a problem?

Your EA knows you are interested in 2 properties, so they will work harder to persuade you to buy the one they're selling.

That'll probably include pushing the vendor harder to accept a lower offer from you.

AnotherJoe

Comms69 wrote: »

I don't understand what data breach you believe occurred.


two agents discussing the sale of properties they're marketing?

So if your doctor just happened to mention in a conversation to his mate that you had a particular condition, that's OK ? The EAs shouldn't be disclosing personal information to anyone outside the immediate purchase or sale.

Surrey_EA

AnotherJoe wrote: »

So if your doctor just happened to mention in a conversation to his mate that you had a particular condition, that's OK ? The EAs shouldn't be disclosing personal information to anyone outside the immediate purchase or sale.

I think it's a bit of a stretch to compare what is being described here as being the same as disclosing details of patient medical records.

saajan_12

AnotherJoe wrote: »

So if your doctor just happened to mention in a conversation to his mate that you had a particular condition, that's OK ? The EAs shouldn't be disclosing personal information to anyone outside the immediate purchase or sale.

a. Its not discussing with his mate though. Its discussing with another specialist doctor to make sure your treatments don't clash and cause you further harm.

b. Medical info is personal data. The fact you've made an offer is not.

Comms69

AnotherJoe wrote: »

So if your doctor just happened to mention in a conversation to his mate that you had a particular condition, that's OK ? The EAs shouldn't be disclosing personal information to anyone outside the immediate purchase or sale.

Well doctor confidentiality would prevent that....