Estate Agent & access to keys

user1977

Fleabag said:

user1977 said:

eddddy said:

Maybe your complaint is that you think the buyers wouldn't have backed out, if they hadn't visited the property at 12:30. But I don't think you'd win an argument on the basis that "they found out something that you didn't want them to find out".

Especially if it's something which could have happened during any sort of viewing.

However, the bottom line is that surely there's no way that a prospective buyer could have access at 12.30am (even if contracts had been exchanged, it's my understanding that the only time the buyers can have keys is via a specific agreement with the seller for the purpose of planning and arranging the move before completion)

Ok, if it's not about noise then it's because of some other unknown reason, which you still can't say is because they happened to have the keys.

Fleabag

user1977 said:

Fleabag said:

user1977 said:

eddddy said:

Maybe your complaint is that you think the buyers wouldn't have backed out, if they hadn't visited the property at 12:30. But I don't think you'd win an argument on the basis that "they found out something that you didn't want them to find out".

Especially if it's something which could have happened during any sort of viewing.

However, the bottom line is that surely there's no way that a prospective buyer could have access at 12.30am (even if contracts had been exchanged, it's my understanding that the only time the buyers can have keys is via a specific agreement with the seller for the purpose of planning and arranging the move before completion)

Ok, if it's not about noise then it's because of some other unknown reason, which you still can't say is because they happened to have the keys.

Agreed - They are legally entitled to pull out for any reason they choose (which makes me wonder why they have to make something up). To be honest, I'm less bothered about the withdrawal of the buyers (which, having now reduced the price, could quite possibly lead to getting a new offer at 10% more than theirs), and more about the fact that the estate agent has given my keys to prospective buyers, with all of the risks to my property that this entails. I feel this is an unacceptable breach of trust.

AskAsk

Fleabag said:

AskAsk said:

when we sold our flat, the estate agent gave keys to the buyer and their builders to go and inspect the property for refurbishment plans.  we found damage in the flat and lights were left on as the buyer and their builders did not bother to turn the lights off after they had visited.

they lifted the laminate flooring and prized open wall panels and left them in that state.  since then i have been very insistent that the EA does not give keys and should accompany anyone coming to the property for assessment, except the surveyor.  i had a request for the architect to come round recently on a house sale and i was told the EA can't accompany the architect as he would be there for a couple of hours and that is too long for the EA to hang around.

EA do often give keys to potential buyers for investigative assessment on empty properties in my experience.

I have given consent to them lending the keys to their gardener (who left packets & food to go mouldy all over the house), and that the energy assessor and any surveyors would be permitted keys to carry out their checks, but that's to be expected and it's assumed they will have their own codes of conduct (and insurances) to ensure that the access is appropriate and and risks mitigated. What isn't acceptable is to hand over keys to members of the public. I don't know if the house was secured properly, if they turned off the lights we leave on for security, if they put the heating on - not to mention the fact that strangers spent an unspecified amount of time in my property without my knowledge or consent.

i find a lot of EA are not very professional.  they will give out keys and not tell the vendor, if the property is empty.  they will do viewings without telling you when this happening.  you only keep control if you live at the property but if you give the keys to the agent and the property is empty, then don't be surprised that they will give the keys away unless you specifically state you don't want that to happen, and you will still find they will give out keys or expect you to be in attendance instead as they don't want to spend too much time at the property.

CurlySue2017

Sorry if this is very simplistic, but given that it appears they can't be trusted, could you not simply take the keys back from the agent?

user1977

Fleabag said:

user1977 said:

Fleabag said:

user1977 said:

eddddy said:

Maybe your complaint is that you think the buyers wouldn't have backed out, if they hadn't visited the property at 12:30. But I don't think you'd win an argument on the basis that "they found out something that you didn't want them to find out".

Especially if it's something which could have happened during any sort of viewing.

However, the bottom line is that surely there's no way that a prospective buyer could have access at 12.30am (even if contracts had been exchanged, it's my understanding that the only time the buyers can have keys is via a specific agreement with the seller for the purpose of planning and arranging the move before completion)

Ok, if it's not about noise then it's because of some other unknown reason, which you still can't say is because they happened to have the keys.

I feel this is an unacceptable breach of trust.

I agree it's unacceptable, but (other than withdrawing from your contract with them) I can't see there are any remedies if you haven't identified any actual losses.

Fleabag

CurlySue2017 said:

Sorry if this is very simplistic, but given that it appears they can't be trusted, could you not simply take the keys back from the agent?

Not really an option, as we live 20 miles away, and lots of other things going on - we just wouldn't be able to be there for viewings at random times. I am probably going to terminate the agreement with them, though - there have been other issues I've been unhappy about (a very perfunctory property description without any blurb selling its attributes and the photos were appalling, so I had to take my own to replace them with), however the ombudsman information above was really useful, and I think I will be making a formal complaint.

Gavin83

Fleabag said:

user1977 said:

Fleabag said:

user1977 said:

eddddy said:

Maybe your complaint is that you think the buyers wouldn't have backed out, if they hadn't visited the property at 12:30. But I don't think you'd win an argument on the basis that "they found out something that you didn't want them to find out".

Especially if it's something which could have happened during any sort of viewing.

However, the bottom line is that surely there's no way that a prospective buyer could have access at 12.30am (even if contracts had been exchanged, it's my understanding that the only time the buyers can have keys is via a specific agreement with the seller for the purpose of planning and arranging the move before completion)

Ok, if it's not about noise then it's because of some other unknown reason, which you still can't say is because they happened to have the keys.

Agreed - They are legally entitled to pull out for any reason they choose (which makes me wonder why they have to make something up). To be honest, I'm less bothered about the withdrawal of the buyers (which, having now reduced the price, could quite possibly lead to getting a new offer at 10% more than theirs), and more about the fact that the estate agent has given my keys to prospective buyers, with all of the risks to my property that this entails. I feel this is an unacceptable breach of trust.

What do you actually want as an outcome? You've asked about any recourse a few times but not really indicated what kind of recourse you're hoping for.

TheJP

Why would an EA implicate themselves, seems like crossed wires and you are !!!!!! that the buyer pulled out. Move on and find another buyer.

YoungBlueEyes

If I was concerned that my EA had given my keys to someone else I'd be in their office establishing the facts and then acting accordingly.

EssexHebridean

Am I reading things right OP that you are concerned that if the agent is giving your keys to people to enter your property without a) informing you first and b) being present themselves, that they are opening you up to the risk of damage to the property and potentially even the risk of squatting? Those would be my major concerns I think - and no, I wouldn't expect agents to simply hand your keys over to people without any discussion at all!

I think the first thing you need to do is establish the facts - it may be worth asking your solicitor to try to find out from the potential buyer's solicitor what actually happened here, in case there has been some form of misunderstanding or crossed wires. I think if it was established that the keys had been handed over, I'd be requesting them back, telling the outgoing agent that they no longer had your business, and that you would be charging them for a lock change. That wouldn't seem unreasonable to me in that situation, and if there had never been any discussion about unaccompanied visits from your buyers.