Problems with a house sale

azerazer

Hello all

We've had some problems with a house sale and we'd appreciate your thoughts! Here are the facts:

Estate Agent had our keys for assisted viewings. A buyer was found.

Home Buyer survey reported that a qualified timber and damp surveyor should report on property (a standard comment for a 140 year old house).

I offered to pay for this independent surveyor for their peace of mind and had a report done at a cost of £350.

The day the initial Home Buyer report was received, the buyers called a local damp injection company who offer "free" reports. They are free because they always find problems to make money from and this is well documented.

The damp injection company called the estate agent to arrange access.

The EA called me and said they had "called in a favour" and could get this company that they use a lot to do me a free report. I agreed on the basis that the buyers would not be made aware this report was taking place and that they wouldn't be given any of the information (at no time was it mentioned that the buyers had arranged it!!) :shocked::shocked::shocked:

EA gives the damp company our keys :shocked: and they access our property to do the report.

Damp injection company report back over thirty metres of rising damp and £5k of work to rectify. I know this is nonsense and again advise that the buyers should not be given this information. EA dismisses my view - apparently "you can see it" so it must be rising damp.:wall:

Independent reported 0 rising damp, only some staining caused by salts (efflorescence) that would have been present before renovations took place a few years ago - something I've gone on to have addressed at a cost of £800 ish.

Buyers speak with damp injection company. Buyers are told of the rising damp findings.

EA calls to say the buyers have pulled out because of the rising damp as this may indicate more serious issues.

I ask EA why they have been given this info. EA advises they must have by pure chance called the company. EA denies having any knowledge that the buyers and damp company had been in contact prior to my clear instructions.

I ask damp company to clarify situation. They are not responding.

I make complaint to EA. They don't accept responsibility and owner just says that too many conversations have taken place that he's not aware of.

I request to end our contract so I can go elsewhere - they have given me no option but to leave based on their actions. :wave::wave::wave:

Told I must pay marketing costs :laugh: (this is on contract), but I refuse on the basis of their unacceptable conduct giving me no option to leave.

I have now received a money claim requested for £265.

I wish to counter claim based on:
They lied about the situation with the damp injection company.
They have ignored clear and repeated verbal instructions.
They then lied to cover this up.
They handed out keys to my house without my agreement. I'm rather shocked by this!
As the buyers were involved with the damp injection company, this company has accessed my house against my wishes.
The erroneous report (which they should not have received) has been a massive factor in the sale falling through.

What do you think of this whole saga? Caused us a huge amount of frustration.
EA's actions surely result in a breach of contract, even though a lot of these agreements are verbal. Given their previous, I assume they will just lie again to deny these verbal agreements, although they haven't yet denied them when I've stated them in complaint emails.
What do you reckon the counter claim amount should be and chances of success?
Any other thoughts?

I appreciate having your comments before I respond to claim. :beer:

anselld

I would think the points you raised are a defence against their claim and support your action in sacking them.

However it is not clear how you have suffered a loss which would support a counter claim. You chose to spend the £350 on the independent report (not clear why or indeed why you did not offer that to the buyers) and you voluntarily spend £800 on repairs. Neither of those can be attributed to the EA actions.

Have you made a complaint to the agent's redress scheme?

eddddy

Regarding the EA's (possible) disclosure of the report to the buyer...

The damp injection company's report is almost certainly material information which could affect the buyer's decision.

So if the EA didn't tell the buyer about that report, in theory, the EA could be prosecuted under "Consumer Protection Against Unfair Trading Regulations act".

Caveat Emptor – no longer!

Now, CPRs (enforced by Trading Standards through both civil and criminal actions) make it incumbent on agents to disclose to a prospective purchaser any ‘material information’ that they need ‘to make an informed transactional decision’ – whether this is information that the agent knew at the outset, or that they have become aware of during the marketing of a property.

Link: http://www.cmproperty.co.uk/caveat-emptor-no-longer/

What do I have to disclose when selling my house?

However, since 2013, the description and sale of property has come under the CPR (Consumer Protection Against Unfair Trading Regulations). This means that if you don’t disclose something that could legitimately affect your buyer’s decision, you could be prosecuted.

Link: https://www.reallymoving.com/conveyancing/guides/what-do-i-have-to-disclose

Obviously, the EA could have explained why they think it's an unreliable report, and why your independent report is more reliable.

Then the buyer could make their decision.

Kyresa

Were you NOT intending to tell the buyer's of the issues?

You could have ended up with a claim for a LOT more than £265!!

azerazer

anselld wrote: »

I would think the points you raised are a defence against their claim and support your action in sacking them.

However it is not clear how you have suffered a loss which would support a counter claim. You chose to spend the £350 on the independent report (not clear why or indeed why you did not offer that to the buyers) and you voluntarily spend £800 on repairs. Neither of those can be attributed to the EA actions.

Have you made a complaint to the agent's redress scheme?

Thanks for your reply!
We've suffered a loss because the house sale has fallen through. Paying mortgage interest, council tax, utility bills, insurance, time to maintain etc on a house that should now be sold - around £800 per month. We are living elsewhere already, so these are additional costs. Also, I can't put this money to work as it is tied up. Indeed, the EA shouldn't be responsible for the report or repair costs.

I haven't made a compliant, although I intend to do so.

azerazer

eddddy wrote: »

Regarding the EA's (possible) disclosure of the report to the buyer...

The damp injection company's report is almost certainly material information which could affect the buyer's decision.

So if the EA didn't tell the buyer about that report, in theory, the EA could be prosecuted under "Consumer Protection Against Unfair Trading Regulations act".





Obviously, the EA could have explained why they think it's an unreliable report, and why your independent report is more reliable.

Then the buyer could make their decision.

Thanks for reply! That's interesting - if the EA had an issue with not declaring this info to the buyers, then they should have stated this when we agreed this would not happen. I would have declined the offer for the company to carry out the report and just allowed the visit from the independent expert surveyor.
Anyway, the EA denies sharing this info with the buyers. They say that the buyers have randomly called the damp company who have then divulged the info from the sellers' report.

azerazer

Kyresa wrote: »

Were you NOT intending to tell the buyer's of the issues?

You could have ended up with a claim for a LOT more than £265!!

Thanks for reply. Yes, Kyresa, the buyers were given the independent report from a damp expert (member of RICS, with letters after his name). This report was very thorough and professional. The guy from the damp injection company is basically a salesman and their website doesn't mention that they are qualified in any way or a member of the relevant associations. In hindsight, we should have just said NO THANKS when their services were suggested.