My purchase offer was accepted but estate agents proceeded with another offer without telling me.

eddddy

Gavin83 said:

Just check this EA is registered to the ombudsman first before submitting anything. It is an optional scheme, although it's common for EA's to join.

Estate Agents are required by law to join a redress scheme. Currently, there are only 2...

• The Property Ombudsman Scheme
• Property Redress Scheme

The Property Ombudsman Scheme has been around for longer, and most estate agents seem to be registered with them.

The Property Ombudsman Scheme has a comprehensive Code of Practice that estate agents must adhere to. So it's relatively easy to see if an estate agent has breached any rules: 
https://www.tpos.co.uk/images/codes-of-practice/TPOE27-8_Code_of_Practice_for_Residential_Estate_Agents_A4_FINAL.pdf


The Property Redress Scheme doesn't publish a code of practice, so it's a bit harder to judge how they will rule on complaints. But looking at their past decisions, some of them seem harsher on estate agents that the Property Ombudsman.

GDB2222

eddddy said:

Gavin83 said:

Just check this EA is registered to the ombudsman first before submitting anything. It is an optional scheme, although it's common for EA's to join.

Estate Agents are required by law to join a redress scheme. Currently, there are only 2...

• The Property Ombudsman Scheme
• Property Redress Scheme

The Property Ombudsman Scheme has been around for longer, and most estate agents seem to be registered with them.

The Property Ombudsman Scheme has a comprehensive Code of Practice that estate agents must adhere to. So it's relatively easy to see if an estate agent has breached any rules: 
https://www.tpos.co.uk/images/codes-of-practice/TPOE27-8_Code_of_Practice_for_Residential_Estate_Agents_A4_FINAL.pdf


The Property Redress Scheme doesn't publish a code of practice, so it's a bit harder to judge how they will rule on complaints. But looking at their past decisions, some of them seem harsher on estate agents that the Property Ombudsman.

That contains general guidance to deal fairly, but nothing specific about telling buyers that the seller has decided to sell to someone else. I suspect, though, that TPOS will rule in favour of the OP.

NameUnavailable

Of course there's always the chance (1 in 3?) that the other sale falls through........

Robbo66

Gavin83 said:

RonsDaughter said:

GDB2222 said:

RonsDaughter said:

Mstty said:

RonsDaughter said:

Ksw3 said:

I'd try and found out when they knew your offer had not been accepted, I would be quite put out if I had handed over my personal data (passports etc) and had a credit check when the agents had no legitimate interest in collecting or processing that data. 

I however imagine thay it was just a royal f up and only came to light recently. 

Hi, I don't know when the other offer was accepted, but the MoS was sent on the same day the EA arranged the date for my survey which was done 3 days later.

Was it a survey or just a desktop valuation? 

I take it no one went inside the property?

How.much is that going to cost you?

Hi, the survey was done inside the property, photos of inside supplied (different to those available on the Estate Agents advert). Survey dated and sent to FA on July date when owner says she was away from home for a few days that week and didn't let anyone in. The Estate Agent said they did not give the keys to the surveyor...   

ask the surveyor?

Yes, I would if I was going to follow this up myself, but I'll leave that for the ombudsman

Just check this EA is registered to the ombudsman first before submitting anything. It is an optional scheme, although it's common for EA's to join.

No not optional agents are required by law to belong to some form of redress scheme https://www.gov.uk/redress-scheme-estate-agencies#:~:text=You must join a redress,manager in England or Wales  

either the 

• The Property Ombudsman Limited or
• Property Redress Scheme

RonsDaughter

MEM62 said:

RonsDaughter said:

while I am aware that it is illegal for the estate agent to have withheld the knowledge of the other offer and knowingly allowed me to proceed with the valuation survey and mortgage arrangement, is their conduct also criminal?

Is it?  Under what legislation?  The EA has an obligation to the vendor in that respect but they have no obligation to you.  You have no contract with them.  You have been subject to either incompetent or slimy behavior on the part of the estate agent but nothing more.      

Consumer Protection, Trading Standards Estate Agent Code of Practise...

RonsDaughter

babyblade41 said:

IMO it would be best to move on, buying and selling is stressful & why add more.

Our buyer pulled out a day before exchange , sometimes it happens even though you've thrown money at it, although I think you were a little premature as the chain hadn't been formed if I understand correctly 

Ombudsman will take a while whilst evidence gathering and time would be better spent moving onto the next property, but wait until all the ducks are in a row before valuations/surveys etc 

A day before exchange? That is DREADFUL.

Fortunately the only thing I have done is get my mortgage offer sorted, hence needing the valuation survey. As the EA was being evasive/late with info, I wouldn't go any further without the MoS

Re chain, I'm not selling anything, and the sellers are buying a new-build. They had a few to choose from but I was told they hadn't made a decision.

But yes, looking at other houses again.

RonsDaughter

Mstty said:

RonsDaughter said:

Mstty said:

RonsDaughter said:

Ksw3 said:

I'd try and found out when they knew your offer had not been accepted, I would be quite put out if I had handed over my personal data (passports etc) and had a credit check when the agents had no legitimate interest in collecting or processing that data. 

I however imagine thay it was just a royal f up and only came to light recently. 

Hi, I don't know when the other offer was accepted, but the MoS was sent on the same day the EA arranged the date for my survey which was done 3 days later.

Was it a survey or just a desktop valuation? 

I take it no one went inside the property?

How.much is that going to cost you?

Hi, the survey was done inside the property, photos of inside supplied (different to those available on the Estate Agents advert). Survey dated and sent to FA on July date when owner says she was away from home for a few days that week and didn't let anyone in. The Estate Agent said they did not give the keys to the surveyor...   

Thanks that paints a very different now. An actual booked survey through the EA I presume.

Yep hang em out to dry

I'm about to send the letter! But once I've done that, it's up to the powers-that-be to determine the rest. I hope I'll be reimbursed, but the main thing is to get the situation investigated by the correct authority. Thanks!

RonsDaughter

Exodi said:

On top of the fantastic advice, and suggestions not to claim crimes etc, I just want to re-emphasise the importance of staying objective in your complaint and just listing the events and your understanding.

So many people, for whatever reason, turn into complete Wally's when writing a complaint and start loading it with ridiculous hyperbole like:

"I was appalled to find that"
"absolutely disgusting"
"gobsmacked when I learned"
"could not believe it when"
"sick to my stomach"
"are they having a laugh?"
"almost fell off my chair when"
"they should be in jail"

Including this sort of rhetoric in a complaint is generally counterproductive, but strangely common.

Yes, I have written down stuff like that to get it out of my system, but the letter I send will be objective and business like... similar to the outline Eddddy suggested in the earlier comments.

RonsDaughter

NameUnavailable said:

Of course there's always the chance (1 in 3?) that the other sale falls through........

yes, that thought had occurred to me.....  

GDB2222

RonsDaughter said:

Mstty said:

RonsDaughter said:

Mstty said:

RonsDaughter said:

Ksw3 said:

I'd try and found out when they knew your offer had not been accepted, I would be quite put out if I had handed over my personal data (passports etc) and had a credit check when the agents had no legitimate interest in collecting or processing that data. 

I however imagine thay it was just a royal f up and only came to light recently. 

Hi, I don't know when the other offer was accepted, but the MoS was sent on the same day the EA arranged the date for my survey which was done 3 days later.

Was it a survey or just a desktop valuation? 

I take it no one went inside the property?

How.much is that going to cost you?

Hi, the survey was done inside the property, photos of inside supplied (different to those available on the Estate Agents advert). Survey dated and sent to FA on July date when owner says she was away from home for a few days that week and didn't let anyone in. The Estate Agent said they did not give the keys to the surveyor...   

Thanks that paints a very different now. An actual booked survey through the EA I presume.

Yep hang em out to dry

I'm about to send the letter! But once I've done that, it's up to the powers-that-be to determine the rest. I hope I'll be reimbursed, but the main thing is to get the situation investigated by the correct authority. Thanks!

You are writing to the estate agent, not the ombudsman?