Am I responsible for incorrect claims made by my EA

paulj2021

Carrot007 said:

paulj2021 said:

Carrot007 said:

This is why I would never do a viewing with an agent. Either the seller is there or no-one.

Unfortunately not always possible, when you have to go to work during the daytime 

Which is why viewings are not likely to be in the daytime? I do not see what it has to do with my point. Both work? Evening viewing. One side works. Evening Viewing. View on day off. Agent will unlikely accomiodate OOH viewing right? (and as I implied the agent is welcome to let me in and then stay outside if it is really needed, their talking will only detriment the sale).

Thanks, there is no “both” in this case as it’s only me! And my work isn’t the type of job where you can book days off or change shifts at short notice. However I take your point, each to their own, but I’m happy for the EA to do the viewings, I just don’t want them saying incorrect things! If the potential buyers have specific questions I’m sure the EA will forward them on to me

Carrot007

paulj2021 said:

Carrot007 said:

paulj2021 said:

Carrot007 said:

This is why I would never do a viewing with an agent. Either the seller is there or no-one.

Unfortunately not always possible, when you have to go to work during the daytime 

Which is why viewings are not likely to be in the daytime? I do not see what it has to do with my point. Both work? Evening viewing. One side works. Evening Viewing. View on day off. Agent will unlikely accomiodate OOH viewing right? (and as I implied the agent is welcome to let me in and then stay outside if it is really needed, their talking will only detriment the sale).

Thanks, there is no “both” in this case as it’s only me! And my work isn’t the type of job where you can book days off or change shifts at short notice. However I take your point, each to their own, but I’m happy for the EA to do the viewings, I just don’t want them saying incorrect things! If the potential buyers have specific questions I’m sure the EA will forward them on to me

Aye, which is why on agent viewings when they are needed (and I accept they are times they are), I would rather then did a quick show me the rooms and then let me wonder myself and not say anything (unless, say they show me evidence they live next door ;-) ). (They can also howevr in the hallways if they think am am some sort of master thief!).

I think we are agreed there is no reason to have agent's making things up!

GDB2222

I’m in England, and things may be different in Wales or Scotland, but here the contract is limited to matters put in writing. So, the buyers need to confirm what the agent says, if he says anything worthwhile at all, in writing as part of the contract, if they want to rely on it. 

It’s really worth reading the standard conditions of sale.

However, there’s a practical issue of being decent, honest, and trustworthy.

user1977

GDB2222 said:

I’m in England, and things may be different in Wales or Scotland, but here the contract is limited to matters put in writing. So, the buyers need to confirm what the agent says, if he says anything worthwhile at all, in writing as part of the contract, if they want to rely on it.

Yes, there's no real legal implications from what the OP is saying, and I'm not sure why it would really matter if a buyer came away with the (wrong) impression that "the house was once part of a much larger building" or "a concrete area at the rear of the garden was once used for car parking". But I'd query with my EA if I heard they were spouting that sort of guff.

eddddy

In England and Wales...
- Nothing the EA says to the buyers or writes to the buyers forms part of the contract
- Similarly, nothing the seller says to the buyers or writes to the buyers forms part of the contract.

So the buyers cannot claim damages from you for anything the EA or you say or write to the buyer.

The only way it can become part of the contract is if the question is asked and answered via solicitors. In that case, the solicitors will add the question and the answer to the contract.

But if an EA misleads a buyer, they are likely to be breaking the Protection from Unfair Trading Regulations 2008.  The buyer could complain to Trading Standards and/or The Property Ombudsman (if the EA is a member of the Ombudsman scheme).

In theory, Trading Standards could chastise the EA, or even prosecute them.  The Ombudsman might also order the EA to pay the buyer compensation for inconvenience and/or losses resulting from being misled.



But more realistically - the problem might be something more along theses lines:  the buyer offers on the basis of having potential parking. Then later withdraws when they find out there is no potential parking. So everyone's time is wasted.

GaleSF63

user1977 said:

GDB2222 said:

I’m in England, and things may be different in Wales or Scotland, but here the contract is limited to matters put in writing. So, the buyers need to confirm what the agent says, if he says anything worthwhile at all, in writing as part of the contract, if they want to rely on it.

Yes, there's no real legal implications from what the OP is saying, and I'm not sure why it would really matter if a buyer came away with the (wrong) impression that "the house was once part of a much larger building" or "a concrete area at the rear of the garden was once used for car parking". But I'd query with my EA if I heard they were spouting that sort of guff.

It could matter if it put them off at that point and they didn't pursue it any further. 

user1977

GaleSF63 said:

user1977 said:

GDB2222 said:

I’m in England, and things may be different in Wales or Scotland, but here the contract is limited to matters put in writing. So, the buyers need to confirm what the agent says, if he says anything worthwhile at all, in writing as part of the contract, if they want to rely on it.

Yes, there's no real legal implications from what the OP is saying, and I'm not sure why it would really matter if a buyer came away with the (wrong) impression that "the house was once part of a much larger building" or "a concrete area at the rear of the garden was once used for car parking". But I'd query with my EA if I heard they were spouting that sort of guff.

It could matter if it put them off at that point and they didn't pursue it any further. 

Yes, I think that's understood - I meant from the point of view of any legal implications coming back to bite the OP. As above though the agent may be liable for stuff they've made up by themselves.

buythedip

Sack them if true. 

eddddy

buythedip said:

Sack them if true. 

Do you mean terminate the EA's contract for breach of contract?

If the contract is still within the fixed contract period:

• It's arguable whether what the EA has done is a breach of contract, and it's even more arguable that the breach is so severe that the OP has grounds to terminate the contract.

• So that could end up with the OP being sued by the EA for their fee.

But if the fixed contract period has finished, the OP can terminate the contract by giving the relevant notice.

jackieblack

GDB2222 said:

However, there’s a practical issue of being decent, honest, and trustworthy.

Not qualities generally associated with Estate Agents 🤣