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Welsh Estate Agent making sellers legal decisions

We have found a lovely house in North Wales and the deal is progressing as expected. To paint a quick picture, the owners are in their early 80's, don't struggle too much with day to day life and have family & friends in the local area. The problem lies with their religious like following on every word their Estate Agent says. I've had several conversations with her (EA) and have have picked up on some blatant lies but can't tell the owners this as I know they'll go straight back to her with what I say. I honestly think she's the sort of woman that will advise them to ditch us and go with another buyer just to save face.
Yesterday, I found out the owners have asked the same EA to act on their behalf with their conveyancer. She will basically be making legal decisions for them. I was a bit shocked to hear this and thought there was no safety net as things were too closely linked. From the sound of it, the owners will still be contacted by their solicitor and sign all documents but all legal info is just handed over to the EA to.... at best advise the owners, at worst decide herself.
I'm here to be shot down, but even if comments like 'the owners can do what they want' come back at me, surely there's a conflict of interest issue here?
Thanks

Comments

  • moneysavinghero
    moneysavinghero Posts: 1,761 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    Any conflict of interest does not impact upon you (unless you think the EA is going to advise them not to sell to you). So i would not worry about it.
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How a conflict of interest?  The sellers employ the estate agent - and may be thinking why have a dog and bark yourself.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • user1977
    user1977 Posts: 17,997 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    edited 20 May 2021 at 11:08AM
    As above I'm not sure what the conflict of interest would be - the vendor, the vendor's estate agent and the vendor's solicitor are all meant to be on the same "side". 
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Yesterday, I found out the owners have asked the same EA to act on their behalf with their conveyancer. She will basically be making legal decisions for them.
    No, the EA will be giving the vendors advice, which the vendors may (or may not) take.
    Likewise their solicitor.

    There's not an awful lot of difficult decisions likely for the vendors, anyway. The question marks would be more with any purchase.
  • martindow
    martindow Posts: 10,573 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It sounds strange but in a small village they may know the agent well and trust them.  The agent won't be making legal decisions, that's the solicitor's job and if there are factual errors these can be challenged or corrected then.  I am not sure what the lies could be and whatever you think of the agent the couple should be protected by the legal process. 
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I am surprised the vendor's solicitor has permitted this arrangement, given it raises questions about capacity. But as the others say, it's a matter for them. Unless you get some clear indications that elder abuse is occurring then just concern yourself with your own side of the transaction.
  • eddddy
    eddddy Posts: 18,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yesterday, I found out the owners have asked the same EA to act on their behalf with their conveyancer. She will basically be making legal decisions for them. 


    What kind of legal decisions are you worried about?  If it's something major, like the account that the sales proceeds should be paid into - the conveyancer will be suitably careful about taking instructions from a 3rd party (i.e. the EA) on that.

    I imagine it's more about the EA trying to make the sale happen as quickly and as smoothly as possible - because the EA wants their fee ASAP.  (For example, the EA checks forms like the TA6 are completed correctly before sending them to the conveyancer, and the EA explains concepts like 'Indemnity Insurance' to the seller, if/when they arise.)

    And I guess you want the sale to move as quickly and as smoothly as possible as well - so you and the EA have exactly the same goals.

    Your post sounds as though you have been (or will be) confrontational with the EA. That won't help the process. Try to work with the EA, not against the EA, in getting the outcome you want.


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