Memorandum of Sale and GDPR

Scrappycoco

Could anyone assist with GDPR and Memorandum of Sale please.

I have accepted an offer on my property and requested the Memo of Sale so that I can agree what has been offered and included in the sale before I will let my Solicitor proceed. The Estate Agent will not give me a copy as they state it breaches the GDPR. This poses  2 problems.

1: I have no idea what has been agreed. And I believe I have a right to.

 BUT 

2: The main issue is: For my onward purchase which is a new build.  The company handling the sales will not accept my application until I have provided a copy of the M of Sale.

Now I am between a rock and a hard place. I wont sell unless I can buy the new property - which is the last one available, and I cannot buy it without the Memorandom. They will NOT accept anything else.

I have sold and bought 2 properties since the GDPR and both times was provided immediately with the Memorandum.

Thanks if anyone can clarify the legallity of this.

housebuyer143

Yeah, never had any issues getting the memorandum of sale. Surely the EA can block out the address of the buyer if needed? 
Everything else isn't really an issue because you would need to know this info as they are purchasing your house...

Flugelhorn

I have never had a problem getting an MoS - each party involved usually gets a copy of it - agree the EA can block out an address if that is the problem

eddddy

It sounds like the estate agent is either being silly, or trying to hide something from you.

In your position, I would explain that you cannot move forward with the sale until you receive the memorandum of sale. And if they don't provide one, you will complain to their redress scheme (either the Property Ombudsman or the PRS)

If they are concerned about GDPR, they can ask the buyer's consent to give you the information, and explain to the buyer that the sale cannot proceed unless/until they give consent.

anselld

Agree as above EA is talking nonsense.  Just ask your own Solicitor for a copy.

However, what seems worse is that you do not know what has been agreed.  The memo of sale should be simply writing down what you have already agreed for the benefit of communicating the same to both sets of Solicitors.  If you genuinely do not know what your agent has agreed on your behalf then that would be worrying as you are going to struggle with credibility if making changes after the memo is issued.  The agent should not have agreed anything without your explicit consent.

ciderboy2009

Personally, whenever anybody starts to use "breach of GDPR" to me I ask them to confirm what part of the GDPR they would be in breach of and why - 9 times out of 10 they decide that it wouldn't be a breach after all.

doodling

Hi,

Is the EA really suggesting that you are not entitled to know who is buying your house?

How will you know if your solicitor is dealing with the correct party?

It is plainly rubbish - your EA is your agent and you should have access to the same information that they do if you choose to request it - you are asking for what they have done in your name.

I'd suggest that since they haven't yet identified a proceedable buyer then they havent yet qualified for their commission.

Definitely put a complaint in to whichever scheme they are a member of.

propertyrental

Just tell the stupid EA that the sale will not proceed till you receive a MoS, and at the same time instruct the EA to start re-marketing the property.

Give the appropriate notice to end your contract with the EA (check minimum contract period and notice period), and look around fpor another EA to switch to.

Scrappycoco

eddddy said:

It sounds like the estate agent is either being silly, or trying to hide something from you.

In your position, I would explain that you cannot move forward with the sale until you receive the memorandum of sale. And if they don't provide one, you will complain to their redress scheme (either the Property Ombudsman or the PRS)

If they are concerned about GDPR, they can ask the buyer's consent to give you the information, and explain to the buyer that the sale cannot proceed unless/until they give consent.

Thanks for confirmation. I am intending to do just that tomorrow when EA confirms buyers funds - who is a cash buyer. Im not interested in his financial information as long as it has been confirmed he has it. But, if the buyer has my name and address Im pretty sure I am entitled to the same , or should be.  It will be on the contract anyway somewhere down the line.

The buyer wanted to avoid stamp duty and and asked the agent if we could come up with a list of items that I could include in the sale which he could pay for seperately, hence quite a long list which is why I want to see the list on the memo before it goes to solicitors. I dont want it be an issue once I submit the property info forms. The agent yesterday just jotted down- frantically before leaving, items from every room in the house

 I have had it once before when the memo did not mention certain white goods  ( that I had not agreed to include for free in the sale) and the buyer insisted I was going to include a new washer and dishwasher in the sale. Added 2 weeks onto the sale when buyer got arsey.

The house only went on the market 2 days ago and sold yesterday to the first buyer in the queue ( had 5 appointments yesterday) The second buyer also wanted it so held off any more buyers meanwhile. So if EA will not give me memo then there is no point in any further viewings and I will have to let the sale go and use another agent,

EssexGirl

I would be suspicious of the EA's relationship with the buyer. Sounds a bit fishy to me. 

Hoenir

 The memorandum of sale contains details which are data protected. If it's the EA's policy not to provide a copy. Then you'll need to speak to your solicitor and see if they'll agree to your request.