FUMING with Estate Agent!!

Trollydolly_2

Wow thank you all so much for your responces! I really really appreciate it!

Ive just printed all your replys out and will talk to my solicitor about it tomorrow.

I understand that it was probably a mistake and not deliberate BUT at no point during the conversation did i get an apology for THEIR mistake! Thats what got me so riled and really i feel they are now just trying it on as im a first time buyer.

What they dont realise is I currently live with my gran rent free so am in no rush to move out, my mum and dad are acting as my mortgage provider (with a very low fixed rate of 2.7%!!!!) so the longer the money is in there bank account the more money they are making, they have lost future sales through me and im about to put this on the Vent board for future reference!!

It was the Manager of the shop i spoke to Grrrrrr so i will try and get hold of the managing directors details and like it has been said forward a letter to all party's concerned including the Estate Agent Governing body and the vedor.

I will definatly get the rest of the survey done as its my future!

Thanks again all im overwhelmed with the response xxxxxxx

mandi

Well Good Luck,

Never give up.... never surrender,, As the film goes.... let me know how ya get on

:j

lush_walrus

Stonk wrote:

Is it a sole agency sale? If not, buy the property through a different agent. And tell the present agent you are doing it. If they are not counting you as a client in some way, and have no obligations to you, then they can't really claim any fees for introducing you to the seller.

Nooooo definately do not do this!!! The contract at agents is explicit that they are due the money after the person that they have introduced to the property purchases. This could potentially land up in a big messy court case should the agent want to take it that way!

lush_walrus

mandi wrote:

it the agents fault!! theyve made the mistake,, so make them pay.. find which person issued the keys for the property.. then make a complaint to the managing director advising him that unless he comes up with a solution to your problem you will be contacting the National Association of Estate Agents.. and the Estate Agency Ombudsman...
:rotfl:

Good advice, but first make sure that they are registered first. Not all agents are. The way to check that they are registered is if they use the term Estate Agent in their name or on paper. Anyone can sell a house as a form of agent, but only those registered can use the term. It is the term which is protected rather than the act.

Ivenofinmoney

I would contact the vendor, explain what happened, and that you will have to wait until the end of the month for your next pay day, before you could organise another survey which the surveryor has told you could be a couple of weeks, because he is going on Holiday early next month - If I was the vendor and in a chain I would lean very heavily on my agent to re-imburse the £100 for the sake of a 6 week delay.

You might want to bear in mind that the EA wants you to pull out, beacuse a) The market a shifted since you made your offer or b) They have one of their sweet heart letting regulars looking for a property just like yours !

I Bldy hate EA !¬!!!!!

Pal

Personally I would go ahead with the new survey, pay the £100, and if everything was OK, go ahead with the sale. However at the final stages I would instruct my solicitor not to exchange contracts until the estate agent had paid me back the £100. My solicitor would then phone the vendors solicitor and advise them of this, who would tell the vendor, sending them a copy of the surveyor's invoice and a letter of explaination.

It is then up to the vendor to chase the estate agent to get the £100 paid, or start the entire process again with another potential buyer.

The other alternative is to have the £100 payment written into the terms of the contract as a condition before the sale can complete. The £100 payment would then be the responsibility of the vendor and it is up to them to decide whether to claim this back from the estate agents.

Be interested to hear what the solicitor suggests.

IvanOpinion

Trollydolly wrote:

Surveyer went to the house but the wrong Keys had been given to him by the Estate Agent so he couldnt get in.

He could only do an external survey and has said he will happily come back to do an Internal one but it will cost an extra £100.

I don;t think you have been getting the correct advice on this thread (unusually).

I don't really know why this should involve you. I would have thought that you (through your uncle) retained the services of a surveyor to carry out a survey ... so either he did a proper survey or he did not. I personally would not pay the surveyor a penny until he completed the survey (you paid for a survey so you can expect to get a survey).

If there was a problem with the keys then the argument is between the surveyor and the estate agent and does not involve you, nor does it involve the vendor. If you have not paid the surveyor then don't ... he has not done a complete survey. If he refuses to complete the survey then get someone else to do it. I think you are pointing the blame in the wrong place.

All this wheeling/dealing over £100 is likely to cost you more in the long term - usually the only people who win out of such things are solicitors.

Ivan

[Deleted User]

Erm... What EXACTLY was the surveyor paid for?

If he was paid a fee to survey inside as well as outside then it's the SURVEYOR you should be taking this up with. He should then be chasing up the estate agent for the keys.

If you commissioned him to surey both inside and outside, whether or not he has only charged you for just doing the outside, he has not fulfilled what you employed him to do.

The keys not being available is not down to you - and jointly the estate agent and surveyor should have sorted it between them.

Invoke the complaints procedure for BOTH of them.

bylromarha

Hubby agrees with Ivan and Ice...the surveyor is trying it on. It was surveyors job to get back to EAs immediately and swap keys.

Hubby works with EA's (is not one though...praise God!) and says it's quite an easy mistake and the surveyor should have gone back to the EA.

This doesn't excuse the EA's rudeness, but have a word with your uncle and see if he's already paid the full amount for the survey. If he hasn't, then he shouldn't pay until the job is done properly.