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Offer Accepted, Paid for Fees but Housing Association now wants the house!
puggiebu
Posts: 9 Forumite
My husband and I recently put an offer in to buy a house. The offer was accepted and we began the process of instructing a solicitor. We used the estate agent's in-house mortgage broker as his fees seemed quite reasonable and he quickly found us a suitable lender. We had to pay the mortgage broker fees up-front with no refunds allowed and also paid for the valuation fee.
About a week after, we got a call saying that it turns out that since the house is ex-council, there is a clause in its title deeds (or something along the lines) that says the vendor must let the Housing Association know and let them put an offer in first.
We are a bit peeved because if we knew about the HA in the first place, we would never have put an offer in.
As it turns out, the HA went round to see it, decided they wanted it and has put in a slightly higher offer than we did.
We are not too bothered about stepping down and letting them have it at this point, however, we feel like we should be reimbursed for the fees we'd paid as we feel like we've been slightly mis-led here.
Am I right in saying that it should've been the Estate Agent's job to find out about the whole HA thing before even putting the house up for market or is that not their obligation?
Does anyone have any idea where we stand here or do you think we would just have to call it a loss (financially and figuratively)?
About a week after, we got a call saying that it turns out that since the house is ex-council, there is a clause in its title deeds (or something along the lines) that says the vendor must let the Housing Association know and let them put an offer in first.
We are a bit peeved because if we knew about the HA in the first place, we would never have put an offer in.
As it turns out, the HA went round to see it, decided they wanted it and has put in a slightly higher offer than we did.
We are not too bothered about stepping down and letting them have it at this point, however, we feel like we should be reimbursed for the fees we'd paid as we feel like we've been slightly mis-led here.
Am I right in saying that it should've been the Estate Agent's job to find out about the whole HA thing before even putting the house up for market or is that not their obligation?
Does anyone have any idea where we stand here or do you think we would just have to call it a loss (financially and figuratively)?
0
Comments
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Not the estate agents job/fault
You shouldn’t really pay a fee up front for mortgage advice
You should surely be able to benefit from their advice on your next purchase when you find a house?0 -
I'd say it's the vendor at fault there.
Buyers under "Right to buy" or anything similar are told the conditions they are being allowed to buy under - so they would have known they were due to give "first refusal" to the HA.
So the cost of your lost fees is their responsibility. Which brings us to the question of whether you would actually be able to get those lost fees back from them.....0 -
The problem is that I don't think the vendor knew because it was his mother's house who has unfortunately passed away.
The valuation fees we can stomach as a loss, but the mortgage broker fees I guess we will see if they can refund us as a good will seeing as a lot of mortgage brokers fees are paid at completion.0 -
You've been gazumped. That simple. The reasons why aren't particularly important.
You have no legal right to any recompense. If you ask the vendor nicely, they might decide to pay it as goodwill, but they're certainly under no obligation to.
And, no, the EA is under no obligation to check anything their client tells them. You aren't their client, so they have no contract with you over anything. Your solicitor's job is to check all the details are what you think they are.0 -
Hi,
Are you still house hunting? If so can't you get the broker to help you when you find a new property under the same fee?0 -
If you have not exchanged, you generally can't claim anything"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0
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