Do estate agents have to tell buyers about previous convictions?

fleurioz

I’ve bought a house and found out that the previous owner was a convicted paedophile and the estate agent knew about this but did not disclose this to me. Should they have?

keithdc

No.........

Norman_Castle

No. Why should they?

swaledale_one

If you have a dispute with any neighbours by law you have to disclose this to a potential buyer yet the above doesn't apply??? I'd assume by law the solicitor should have disclosed this as the potential buyers lives could be put at risk and the obvious point is it's  far far far more serious than a neighbour dispute which has to be disclosed.

Grenage

How are your lives at risk? People don't generally go around firebombing paedophile houses; everyone in the area will know there are new residents in no time at all.

There's no reason to disclose the criminal record of previous occupants.  Neighbour disputes are far more likely to have an impact on your new home.

Davesnave

We did the same,  but the joint vendor (wife) told us  before exchange. All we did was Google the trial details to see what address the accused used. Sensibly, it was stated vaguely as a road in a village 20 miles away, so there was no media link to the property. As locals would know the situation, we saw no problem and proceeded.

Over ten years on, there's been no issue arising, but to answer your question, there's no reason for the EA to inform you about the vendor's behaviour, even if it's criminal. It's up to you to investigate what matters might be linked to the address, much as we did. It might be that a neighbour has displayed particular behaviour or carried-out illegal activities, which is also relevant.

Davesnave

swaledale_one said:

 I'd assume by law the solicitor should have disclosed this as the potential buyers lives could be put at risk and the obvious point is it's  far far far more serious than a neighbour dispute which has to be disclosed.

The first thing one learns about law is that it's dangerous to assume.

The second rule is to be clear in one's language. Are you saying it's the vendor's or the buyer's solicitor who ought to disclose the conviction?  Are you sure they would know?

Why is it 'obvious' that the criminal conviction of someone who's probably no longer resident, is more dangerous than a dispute with a neighbour who is?

Comms69

There's a reasonable chance you run into a convicted criminal everytime you leave your home. 
There's broadly a reasonable chance you've had a convicted criminal in your home without knowing.
I understand the concern in this case, but criminal convictions are not mandatory disclosure in these circumstances. In fact there are very few times when they are.

davidmcn

If this was something of peculiar importance to you, why didn't you do your research before you bought?

It's not the same as a neighbour dispute, because those are things which are likely to be still relevant after the purchase and then discover there's a long-running feud about e.g. boundaries or the neighbours' noise.

eddddy

If it's correct that the Estate Agent knew that the seller was a convicted paedophile, then The National Trading Standards Estate  Agency Team suggest that the Estate Agent might have broken the law by not disclosing it.

The Property Ombudsman also issued advice to Estate Agents specifically about sellers who are convicted paedophiles (see below).

 Some relevant extracts from Trading Standards Website (check the website for the full text) - 

Guidance for estate agents
Information for people who are working as an estate agent - what you must do to meet your legal obligations.

The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) require all businesses to disclose material information about products or services they are marketing to consumers. Material information is that which the average consumer needs in order to make an informed transactional decision.

What should be disclosed?
Generally speaking any information which materially affects, or impacts on, the property should be disclosed.

This includes the following:
- Notable events at the property or unusual features (recent suicide/murder, vendor is convicted paedophile)

Full text: https://en.powys.gov.uk/article/5949/Guidance-for-estate-agents

Also go to this link on the Property Ombudsman's Website, and scroll down to 'Advice Issued - 37 - Violent Deaths and Paedophiles Issued: 17/12/2019': https://www.tpos.co.uk/members/assured-advice/assured-advice-information

If the EA is a member of the Property Ombudsman's scheme, you can make a complaint to the Ombudsman. The Ombudsman can make the EA pay compensation, if appropriate.

Davesnave

eddddy said:

If it's correct that the Estate Agent knew that the seller was a convicted paedophile, then The National Trading Standards Estate  Agency Team suggest that the Estate Agent might have broken the law. .....
If the EA is a member of the Property Ombudsman's scheme, you can make a complaint to the Ombudsman. The Ombudsman can make the EA pay compensation, if appropriate.

So, it seems in this case it's now for the OP to say how they know what the EA knew, because the burden of proof will fall on them. Hearsay will most likely be no use.