Problem with Purplebricks selling my propert

Osprey_69

I advertised my flat with Purplebricks , they controlled the viewings ( though I could see them online ) they informed me that they had sold my flat lon 11th November 2020. I was instructed to use their conveyancer . This I did and paid upfront  . It took over 6 weeks for a conveyancer to contact me ( even though I emailed them several times ) I sent all the relevant details ( proof of ownership , Electrical Installation certificate , Gas test certificate , Energy certificate ) and thought great we are getting somewhere . Over the next few months I had my buyer saying their solicitation could not contact my conveyancer and it was holding my sale up . Tried numerous times to get my conveyancer to sort it out . They finally said in January 2021 that they were speaking to my buyers solicitor. On the 15 th March I had a phone call off Purplebricks saying my buyer had pulled out of the sale as advised by their solicitor ( saying it was regarding the leasehold , which had over 100 years left on it ) Purplebricks put my flat back on the market and I could see there were 23 people who requested and booked viewings online , but all of a sudden their bookings were being cancelled by Purplebricks agent . I spoke to local agent and he said that he didn’t think they could sell the flat and wanted me to take a 3 month marketing break . I cancelled the Purplebricks online account and took flat off market with them , now they are chasing name for £999.99 . They had my bank details and tried to take it out of my account but my bank rung me and I told them not to pay it . They are now sending me emails and phone calls saying they have passed it onto a debt company . I have spoken to Purplebricks complaints dept and said that they would take £50 off . Told them that I was not happy and it was them that cancelled my viewings forcing me to take it off the market with them . Any advice would be very helpful . 

A0812

Not a legal expert and there may be something that breaches contract and means that PB would forfeit their upfront fee... But I'd bite the bullet, pay the fee (hopefully avoiding any adverse notes on your credit file that could affect future borrowing).  Then I'd re-list with a good local agent that a) takes commission after sale, and b) won't force you to use Purple Bricks rubbish conveyancers (you may have already done the second part of this).

(I'd also select my own conveyancer based on reviews /recommendations and the fact they had a local presence rather than using an online one too but that's my personal preference)

eddddy

As a starting point, ask them why the £999.99 has become payable.

If you used their 'pay later' option, their contract says their fee becomes payable as follows:

PAYMENT TERMS – EXTREMELY IMPORTANT PLEASE READ CAREFULLY:
If you choose to Pay Later you shall make payment in full of the Product Service Fee when any of the following occurs, whichever happens first:

• When the property sells and the legal process is complete;
• If you withdraw your instruction for us to market your property;
• Ten months from the date your property listing is published;
• If you withdraw from using our conveyancing services*

Link: https://www.purplebricks.co.uk/terms/service-agreement/#78

Have any of those things happened?

Osprey_69

They informed me that they couldn’t sell my flat at moment and told me to take 3 month break to try and sort out the freehold ( which has gone back to The Crown , but my leasehold is over 100 years so should be no problem with buying . There were 23 more people trying to book viewings online but The Purplebricks local agent cancelled them all . Seeing as Purplebricks were doing this I had to take my flat off their app , as new buyers were contacting me asking why they couldnt view ?  

sheramber

So you withdrew your instruction to market the property rather than agreeing to take a 3 month break.  According to the terms quoted above that makes you liable for the payment.

eddddy

Osprey_69 said:

They informed me that they couldn’t sell my flat at moment and told me to take 3 month break to try and sort out the freehold ( which has gone back to The Crown , but my leasehold is over 100 years so should be no problem with buying . There were 23 more people trying to book viewings online but The Purplebricks local agent cancelled them all . Seeing as Purplebricks were doing this I had to take my flat off their app , as new buyers were contacting me asking why they couldnt view ?  

So firstly - did you choose their 'pay later' option?
If so, it sounds like you've withdrawn your property from the market - so the fee (£999.99) is now payable.


If you don't want to withdraw your property from the market, you should tell purplebricks, and they might agree to cancel the withdrawal.

But if there is a legal problem with your flat (i.e. the freehold passing to the crown), essentially the law says that purplebricks must clearly tell everyone about it before they view.  For example, they might have to say that somebody else attempted to buy your flat, but the sale fell through because of the problem with the freehold.

The result may be that nobody wants to view your flat because of this.

Osprey_69

Right , even though there were 23 people waiting to view my flat which Purplebricks cancelled ? Taking a 3 month break didn’t help me with selling my flat . How were Purplebricks allowed to hold my bank details and try and charge for a service they did not complete ? It was only because I spoke to my bank that they refused to pay the £999.99 out of my account , as well as the £250 I had to pay up front for a conveyor ( chosen by Purplebricks ) who did absolutely nothing . 

Osprey_69

eddddy said:

Osprey_69 said:

They informed me that they couldn’t sell my flat at moment and told me to take 3 month break to try and sort out the freehold ( which has gone back to The Crown , but my leasehold is over 100 years so should be no problem with buying . There were 23 more people trying to book viewings online but The Purplebricks local agent cancelled them all . Seeing as Purplebricks were doing this I had to take my flat off their app , as new buyers were contacting me asking why they couldnt view ?  

So firstly - did you choose their 'pay later' option?
If so, it sounds like you've withdrawn your property from the market - so the fee (£999.99) is now payable.


If you don't want to withdraw your property from the market, you should tell purplebricks, and they might agree to cancel the withdrawal.

But if there is a legal problem with your flat (i.e. the freehold passing to the crown), essentially the law says that purplebricks must clearly tell everyone about it before they view.  For example, they might have to say that somebody else attempted to buy your flat, but the sale fell through because of the problem with the freehold.

The result may be that nobody wants to view your flat because of this.

The freehold problem was Always mentioned before any viewings and legally it did not stop anyone getting a mortgage as there was still over 100 years left on the leasehold . There were even cash buyers who wanted to view . 

Doozergirl

Buy cheap, pay dear. 

They have zero incentive to sell your house, can't handle a complication and now they want your money.    Of course your property is saleable to someone but an absentee freeholder is a problem that needs sorting out as I'm pretty sure it could create a problem getting a mortgage.    You seem to think it isn't?   Those 23 people don't know what the issue is.   Who is managing the property now if there is no freeholder? 

Trying to get a viewing with purple bricks is like pulling teeth.    In fact, I had a wisdom tooth out earlier today and it was arguably less painful than dealing with PB as a buyer.  

Osprey_69

There is no management company , any work we needed I.e. complete refurb on the outside was split between the 4 flat owners . Looking into buying the freehold ( which is now with the crown )  companies do give mortgages on leasehold property as long as there is more than 85 years on it . Our flat has 115 years left . 

wjr4

Doozergirl said:

Buy cheap, pay dear. 

Completely agree with this!