Estate agent lost house keys

thewrongtrousers

Herbalus said:

I would go to the estate agents in person and say you refuse to leave until they give you the keys.

They are online so no office or might be tempted. 

user1977

penners324 said:

Just get a locksmith out....

Then send the bill to the estate agent.

Though note it's the vendor who's ultimately liable - the OP hasn't said anything about contacting the solicitors to get this sorted out?

another_casualty

Don't forget to leave 'feedback ' on trustpilot etc..

london21

How long are you going to wait for?

Get locksmith and forward receipts on.

fourmarks

user1977 said:

penners324 said:

Just get a locksmith out....

Then send the bill to the estate agent.

Though note it's the vendor who's ultimately liable - the OP hasn't said anything about contacting the solicitors to get this sorted out?

Is it still their responsibility? I sold my house 2 weeks ago and all the keys were handed to the EA. I would now refute any liability if the buyers solicitor trotted around to me to resolve the matter. Especially as the EA has admitted custody of the keys.

movilogo

The contract is between buyer and seller - not with EA. Unless contract specifically says to collect keys from EA, the seller should hand over keys to the buyer. Typically keys are picked up from seller's solicitor's office or sometimes from the EA's office. Tell buyer that your solicitor would serve them an invoice for locksmith unless they can hand over keys with in 24 hours. 

user1977

fourmarks said:

user1977 said:

penners324 said:

Just get a locksmith out....

Then send the bill to the estate agent.

Though note it's the vendor who's ultimately liable - the OP hasn't said anything about contacting the solicitors to get this sorted out?

Is it still their responsibility? I sold my house 2 weeks ago and all the keys were handed to the EA. I would now refute any liability if the buyers solicitor trotted around to me to resolve the matter. Especially as the EA has admitted custody of the keys.

The contract is between buyer and seller, it's up to the seller to procure that the keys are handed over at completion. The buyer has no legal relationship with the estate agent (other than them acting in the capacity of your agent).

canaldumidi

Errr... is everyone not missing a key (sorry!) point?

My house completed a couple of weeks ago. However I have not yet been able to get into the property

Complitiion takes place when the buyer hands over the money and the seller hands over vacant possession of the property (assuming VP is in the contract ie not a BTL with tenants in situ).

In this case the sellers have failed to hand over the property so Completion has not happened. The sellers are in breach of their contract.

On the day in question, or the next day at the latest, OP should have been on to their solicitor to say they'd not been granted access to the property, and the solicitor should have issued a 'Notice To Complete' along with a list of the OP's consequential costs (eg hotel due to being homeless, whatever).

TripleH

Agree, you have bought a house but your vendor has not given you the keys to give access. (The estate agent is only an agent for the vendor as they were given the keys).

I'd politely contact your vendor snd ask that keys be dropped off with you ASAP.

If they ignore / make an excuse, then start waving 'failure to complete onsale etc' around.

There may be a spare set somewhere even if with the neighbours (others shoved through letterbox).

fourmarks

canaldumidi said:

Errr... is everyone not missing a key (sorry!) point?

My house completed a couple of weeks ago. However I have not yet been able to get into the property

Complitiion takes place when the buyer hands over the money and the seller hands over vacant possession of the property (assuming VP is in the contract ie not a BTL with tenants in situ).

In this case the sellers have failed to hand over the property so Completion has not happened. The sellers are in breach of their contract.

On the day in question, or the next day at the latest, OP should have been on to their solicitor to say they'd not been granted access to the property, and the solicitor should have issued a 'Notice To Complete' along with a list of the OP's consequential costs (eg hotel due to being homeless, whatever).

OK I get the picture. So the poor old vendor, enjoying an ice cold G & T by the pool, is, through no practical fault of his/her own, now presented with this fresh disaster courtesy of the bumbling inefficiency of his professional agent. Does he then in turn threaten to sue the bejesus out of the EA for every penny that he may lose, Plus compensation for the stress and anxiety now coursing through his body?

PS Is this one of your key posts that you can now update?