Can estate agents lie about viewings?

cherryblossomzel

I had an offer accepted on a flat about a week ago. They agreed to take the property off the market, and it is not on rightmove or zoopla any more, but still on the EA website as STC.

My surveyor called them and arranged to get in to the flat on Friday. This morning I find out that when he arrived at the agents' the keys were not available.

I am now worrying that they're still showing the place. The office is closed today, so I've sent an email asking if there is a problem, but I'll also call tomorrow. If I ask them outright if they're still showing the place, do they have to tell me the truth? If I need to put a hold on everything right now it won't cost me too much, I don't think, but if I wait longer solicitor fees etc will start racking up.

Am I being overly paranoid? They're supposed to have the place cleaned and it's possible that that is where the keys went, but would they arrange for cleaning on the same day as the surveyor is due? That seems a bit nonsensical.

mrginge

cherryblossomzel wrote: »

Am I being overly paranoid?

Yes you are.

In fact if you’re getting in a state about this then some kind of medication will be required further down the line.

cajef

cherryblossomzel wrote: »

I had an offer accepted on a flat about a week ago. They agreed to take the property off the market, and it is not on rightmove or zoopla any more, but still on the EA website as STC.

They have removed it as agreed from Rightmove and Zoopla and put STC (sold subject to contract), why do you think they are still doing viewings and have not taken it off the market just because the keys were not available at that particular time?

cherryblossomzel

Hah . I'm glad you said that, and you may be entirely right.

I don't think I'm "getting in a state" though, just aware of what might go wrong, and in no mood to be taken for a ride. Didn't have a lot of sleep last night and probably overthinking things.

TamsinC

Buckle up this is the easy part

middleclassbutpoor

I think the EA's are capable of lying without a doubt.

Easiest way to test this out is get a friend to ring up and see if they can view. If the agent is good, they will take their name and details and promise to contact if the house sale doesn't proceed. Your friend can always decline to give those details.

From what you have said, I don't think it's sufficient to suspect what you do but there are always ways to test suspicions like this fairly simply.

dimbo61

If the estate did not have keys ready for the surveyor to collect and conduct the survey that is Very Very poor.
This delays the sale of the property and may cost you extra charges from your lender/surveyor.
Do you know the seller ? Are they living in the property ?
Perhaps a letter to the owner explaining that the estate agents may cause a delay in the sale may get the desired effect.

AlexMac

"Can" is ambiguous as is much of the English Language.
If by "can they lie" you mean
- do they have the capacity to lie
- is it possible they lie
- is it permissable to lie
- is it moral to lie
- have they ever been known to lie
- is lie the default option when they have boobed (e.g. having sold the property, then frustrating the swift progress of the sale by screwing up on surveyor acess...)

the default reply is probably "yes" (well, maybe not to # 3 & 4 above but doeEAs care?)

I lost my faith in EAs when, having been negotiating and offering for over ten days, I made my best and final offer, and then, having waited a week, I rang the office late on Friday, moments before submitting a sealed bid on an alternative gaff, to say"I assume the offer's rejected but you might have let me know...? " And they said; "oh; the buyer accepted your offer; didn't we let you know?"!

But on the other hand, I regained my faith in EAs (well, one at least) when the lovely Richard O'Toole, manager of my local branch of a small chain, sold a later gaff in 2 days, before it even hit the websites, for £60k more than the closest rival agency's valuation.

So as somone says; expect the worst, buckle up, keep chasing and when you move in, light a candle to St Genesius; the patron saint of EAs (OK I lied- hes's actually the patron saint of Clowns and Barristers!) https://en.wikipedia.org/wiki/Genesius_of_Rome

kinger101

The decision whether to take further viewings or not is that of the owner. There's no incentive for an agent to do it due to the minimal extra commission.

The property is "STC" to there's nothing inaccurate about what they've put on their own website. If it bothers you, insist you won't progress the sale unless it's fully de-listed. But for what it's worth, where not in a market where potential buyers are likely to chase STC properties.

Thrugelmir

cherryblossomzel wrote: »

My surveyor called them and arranged to get in to the flat on Friday. This morning I find out that when he arrived at the agents' the keys were not available.

And......

What did the EA's and surveyors agree?

Does the EA hold the a set of keys?

eddddy

cherryblossomzel wrote: »

My surveyor called them and arranged to get in to the flat on Friday. This morning I find out that when he arrived at the agents' the keys were not available.

I am now worrying that they're still showing the place.

I'd be worried about slightly different things.

• Is your surveyor going to charge you for the aborted visit?

• Is the surveyor heavily booked up? Will you now have to wait a week or two for another survey attempt?

It's worth contacting the EA to get their opinion on who 'messed up' - the EA or the surveyor. For example:

• Did the surveyor book the wrong date, or fail to book with the EA?
• Did someone at the EA fail to make a note of the surveyor's visit on their system?
• Did the owner fail to give the EA consent to release the key to the surveyor?
• Had the EA mislaid the key?

If it was the surveyor that messed up - you have more leverage to make them come back quickly to re-attempt the survey.

If it was the EA (or owner) that messed up, you have less leverage with the surveyor.