Retaining wall collapsed whilst viewing!

Anamox

jen_79 said:

onwards&upwards said:

Oh dear, I think you might regret giving a solicitor's name.

Why's that?

You won't, I'm 99% sure. If they end up contacting your conveyancer just explain to them that you were asked for solicitors details and thought that is what they meant... but they probably won't. If it did end up going down the silly courts route then you can research to find a better type of solicitor or if you even need one... sounds like the kind of thing a judge wouldn't even allow into a court, but if s/he did would just be an embarrassment for the protagonist when they rule overwhelmingly in your favour.

If I were you I'd be pasting the internet with terrible reviews of the estate agent for the emotional trauma I'd experienced and contacting local newspapers so you can be pictured with a compo face whilst everyone can laugh at how ridiculous the property owner and estate agent are for even entertaining the idea that you're liable. 

Jeepers_Creepers

jen_79 said:

Quick and hopefully final update for all those who were interested. The estate agent called me and said the vendor was disappointed I hadn't offered to pay for repairs (not sure where they got the idea that was going to happen) and would I like to pay half. I said absolutely not, it wasn't my fault, the wall should not have been in such a sorry state of repair.

They asked if I would mind if they gave the vendor my mobile number and, quite frankly, I lost it. I had visions of some bully calling me non-stop asking for money so I'm ashamed to say I shouted at them. I said I have no intention of paying, I consider the matter over with, if the vendor wants to pursue it they can have their solicitor contact mine (I just named my conveyancer to be, so will need to give them a heads up) but if the vendor or the estate agent contacts me in any way again, I will call the police. I'm not sure if it would constitute harassment but I wasn't really thinking of the legal ins and outs while I was ranting!

When I had finished they apologised and said the vendor was giving them a hard time over it and also wanted them to pay. I explained I understood it was a difficult position for them but things are getting really ridiculous, if they want to pursue something, talk to my solicitor. They promised they wouldn't bother me about it again, we shall see.

Thanks to all for your help and advice. I'm not sure where it will end up but I hope this is the last of it. I'm going to take a break from house hunting for a bit, another few weeks added on to the process won't matter!

That's a cracking response Jen! 

No sympathy for the EA - they just shouldn't be acting on behalf of their vendor in a matter like this - it is simply none of their business. I can't imagine what's driving the EA in this - is it because the guy is threatening them over the cost (edit - I see that's a 'yes'), or are they just kowtowing to keep the contract?! Either way, it's pathetic and wrong. (Quite possibly the EA gave the vendor a very biased version of the incident to protect themselves; "I couldn't stop her from rocking the wall violently back and forth giving it a darned good kicking - and that was after she'd come down from performing a tapdance along the top" and that encouraged the vendor to think he had a 'case'.)

The EA should simply have told their vendor that the wall was clearly in an unsafe and very dangerous condition, and they'd dodged a bullet by no-one being hurt in the fall. End of. (It shouldn't even affect the saleability of the house that much, as it would have become very clear that the wall would have needed replacing regardless of whether it's a pile of bricks or just leaning at an acute angle. Any homebuyer's report would have found this. I mean, what actual difference in cost? None.)

Yes, warn your intended conveyancer in case they get a call, and explain you only gave their name as you were being harrassed by the EA and felt stressed. Make it clear that they should have no involvement whatsoever in this incident - they have not been instructed to act on your behalf as it's a non-issue.

Do you have Legal Protection on your current household insurance? If so, call them for advice. If the EA contacts you again about this issue - other than to say "Don't worry, and sorry - nothing's going to happen" - then tell them you'll be contacting the EA's ombudsman. And do so.   

Oh, and keep house-hunting :-) 

And don't even knock this one off the list if it has genuine potential. 

onwards&upwards

jen_79 said:

onwards&upwards said:

Oh dear, I think you might regret giving a solicitor's name.

Why's that?

I just worry they may harass the solicitor who will then decide not to take on the OP for the conveyancing.

If I was that solicitor and I started getting calls about it I would be distinctly unimpressed with the OP.