Dodgy Estate Agent Abusing Vulnerable

Secret_Squirrel

I'm outraged and furious about this estate agent. However, I'm going to have to be circumspect about revealing specifics about the identities of those involved... for now at least.

A disabled, elderly homeowner with learning difficulties is being taken advantage of by said estate agent charged with marketing the property for sale.  The estate agent is currently actively turning prospective buyers away and has marked it as sold when the seller has repeatedly (on advice for a helpful 3rd party) rejected an offer thousands of £s under the listed price and even thousands of £s lower than the value. The agent deliberately undervalued the property, convincing the seller that it would be advantageous for them to do so. They listed the property as smaller than it is and are actively working against the pensioner's best interests by forcing the pensioner to sell it to a prospective buyer, who made a derisory offer and who appears to be their friend. 

The abuse and deceit are so scandalous that we've tried to bypass their complaints procedure and report them straight to the Property Ombudsman, who've said that we need to complain to the estate agent first.

Any advice on what to do?

UnderOffer

Ensure they do not sign anything. Do they have a solicitor? Make sure it’s not the EA recommended solicitor too, get an independent one, but I’m guessing if your friend does not engage a solicitor then the property can’t be sold? Can you contact the EA and voice your concern, they may not take any notice if you but I’d at least warn them you are on to them. 

SallyDucati

Is it a chain estate agent or individual one?  Is the EA handling it the main owner?  I would say try going to the top in the agency, at least they would then know someone is looking out for this individual.

user1977

Who are you in relation to the owner? Do they have anybody else representing their interests? If they have learning difficulties are they capable of dealing with everything else involved in the sale? I would expect solicitors to be cautious if they're not convinced their client understands what's going on.

steampowered

Depending on the circumstances, you could consider seeing whether the elderly gentleman would grant you a Lasting Power of Attorney.

This would enable you to deal with the agent directly on behalf of the individual.

LPAs are a big responsibility though.

theartfullodger

Contact council adult social services 

Jumblebumble

Secret_Squirrel said:

I'm outraged and furious about this estate agent. However, I'm going to have to be circumspect about revealing specifics about the identities of those involved... for now at least.

A disabled, elderly homeowner with learning difficulties is being taken advantage of by said estate agent charged with marketing the property for sale.  The estate agent is currently actively turning prospective buyers away and has marked it as sold when the seller has repeatedly (on advice for a helpful 3rd party) rejected an offer thousands of £s under the listed price and even thousands of £s lower than the value. The agent deliberately undervalued the property, convincing the seller that it would be advantageous for them to do so. They listed the property as smaller than it is and are actively working against the pensioner's best interests by forcing the pensioner to sell it to a prospective buyer, who made a derisory offer and who appears to be their friend. 

The abuse and deceit are so scandalous that we've tried to bypass their complaints procedure and report them straight to the Property Ombudsman, who've said that we need to complain to the estate agent first.

Any advice on what to do?

How can an estate agent force someone to sell?
Why have you or your homeowner not complained to the estate agency?
I would hazard a guess that the homeowner is so stubborn that they will not give you authority to act on their behalf

HampshireH

Follow the complaints procedure like the ombudsman have said 

If that unhappy just reject Every offer. Terminate the contract or take it off the market

youth_leader

Very sorry to read this.  My divorced Mum was frightened thirty years ago when the EA tried to buy her house from her for peanuts, and he kept sending round his builder.  I like your baseball bat 'naming' rik11186, wish I'd thought of it, I went in to see the EA who turned out to be a cocky young kid, and played merry hell. 

Weathergirl_76

HampshireH said:

Follow the complaints procedure like the ombudsman have said 

If that unhappy just reject Every offer. Terminate the contract or take it off the market

This is good advice. I would also ask another independent agent to provide a valuation to back up your findings. I would not remain with the agent you have. Check the T&Cs to see notice period etc.  I would also (in the interests of the seller) nominate a single point of contact for anything to do with the sale as no doubt the agent will try to keep the seller in the contract. 

TBagpuss

Follow the complaints procedure.

Read the contract with the agent, and terminate it as soon as the contract allows. 

In the letter of complaint, set out what resolution is sought - in these circumstances, that might be that the argent agrees to an immediate termination of the agreement (even if still within the lock in period) and that they agree that they will only be entitled to a fee if the property is purchased by a buyer whom they introduced and where they arranged a viewing with the seller (i.e. if they were in fact turning people away, they would not get the fee if one of those people who enquired but did not get to view, subsequently buys) .

How do you know what is happened? Have you documented? marking it as sold and as smaller than it is are both things you can presumably show via screenshots etc. It's possible that they could be errors so also document when the issue was raised with them and whether / how quickly they corrected it.

The owner can explicitly instruct the agent that they will not sell for less than £xx and tell the agent to reject any offers below that figure  - put those instructions in writing. 

However - do be a little careful - how much of this have you seen for yourself? How confident are you that you have the whole story? 

It would be possible for the seller to grant you or another person PoA to deal with this, or even to give the agents explicit written instructions to communicate with, and go via you / other person with all enquiries and not to the seller themself, which would enable you/whoever they involve to support and advice them while leaving the power to decide in their hands.