Duped by House Sales Direct / We Buy Any House

eddddy

zenmoomin said:

So I signed the form....

What exactly is the 'form' you signed?

Does it say things like "Option Agreement" or "Option to Purchase"?

If so, it might give the house buying company the legal right to buy your property at the price stated in the contract.

You should show that document to a solicitor, and ask if it's valid and legally binding.

If it's legally binding, the issue of the land registry restriction might not be very relevant. If you refuse to sell, or sell to somebody else, the house buying company might sue you for damages.

zenmoomin said:

They said I could withdraw my acceptance of the offer at any time before exchange of contracts just like a normal agent.

If the house buying company misled you, that would be 'misrepresentation' - and that could be a basis for cancelling the option agreement. The problem is, the house buying company might deny they said that.

Did they say anything like that in an email or in writing?

zenmoomin said:

That same evening, a lady knocked on my door and told me that they were due to have a second viewing of my property and that HSD had cancelled it, despite them offering a cash price of £15k over the price that HSD had offered me.

The way that many house buying companies work is as follows. They aim to pay you 80% of the final sale value, and keep 20% for themselves. So using some made up numbers...

• The house buying company might offer you £240k to buy your house

• They aim to find a buyer who will pay £300k for your house

• So you end up with 80% and the house sale company get 20%

• They buy and sell on the same day

So the lady's was offer was to the house buying company, not to you.

ThisIsWeird

zenmoomin said:

Yes they have tried to put a restriction on but it is pending. I have informed the land registry and they have put a stop on it and sent it to their legal team. I reported it as a fraud. The name of the company applying for the restriction isn't even the same company as the contract I signed. The lady I spoke to at the Land Reg said not to worry, but it still means I can't really sell it while the restriction is pending. I have set up alerts on the title deed so that if anyone applies for any restrictions it will notify me.

My neighbour has been harassing me and damaging my property for years and I have a restraining order against him. I know I need to declare this legally as the lady who sold me the property did not declare it and I sued her for £40K, so I don't want to get caught in the same trap. Also morally I wouldn't want to put anyone through what I've been through. It's absolute hell. It's been a nightmare from the start.

How much of what HSD has said to you can you evidence? Eg; "HSD told me I had breached my contract by speaking to the buyer, they told me they had put a restriction on my property on the land registry that would mean I could not sell my house to anyone except them, and that this would remain FOREVER. They said I had no right to terminate the contract and that they would proceed with purchasing my property whether I liked it or not"? Was this sent by email or other recordable means? If so, I'd hope it would be relatively straightforward to determine whether their claims are correct. And if they are not correct, then not only would you not be tied by them, but it would also demonstrate their unscrupulous methods should this go further; it won't serve them well.

Ditto for everything else they said and did, but that you cannot directly evidence. Instead, I think it's worthwhile writing a chronological summary of these communications, and the content as accurate and verbatim as possible. Keep it unemotive - just relate the conversation. When things became tetchy, describe that. "I started getting regular calls from HSD stating they weren't going to be able to get me a sale within our agreed price range and that people were cancelling their appointments to view. They bullied me over the phone, lied about everything and were so aggressive that I hung up on them." Write down what actually happened, what was actually said.

Do you have Legal Protection included in your house insurance? If so, check to see if it icnludes cover for 'contracts' or similar. Call them up if uncertain - see what they say.

And/or, it may be worth you checking 'Help' columns in the media - https://www.telegraph.co.uk/ask-a-lawyer/ or https://www.telegraph.co.uk/authors/g/ga-ge/gary-rycroft/ for example - and email them using the content of your OP.

As regards your other issue - your neighbour - I know that this can be absolutely hellish, but it seems as tho' you have actually taken a fair degree of action against him; a restraining order is pretty impressive. (By the way, I totally agree that you should mention this on sale, from a moral if not legal position). Could I ask - what does he still do that causes you stress? Having presumably won that £40k case against the previous owner, you can demonstrate that this situation has been going on for a considerable length of time, so the anti-social-behaviour dept at your LA should also be involved? Your local Bobby?

So, with all that support, have you employed a zero-tolerance position since gaining this order against him? Hammer the vile individual - let him off with nothing. Any step out of line - report. This is perfectly reasonable, as behaviour like this IS incredibly stressful, so what could be seen a relatively 'trivial' one-of issue for others, becomes ominous when allowed to continue. You should report - and chase up - any breach. Turn the tables on this 'ole.

I agree with other posters - your house is sellable via a normal agent, and you will almost certainly receive significantly more this way than via HSD, and there are even some folk (other than potential landlords) who would buy the place with a 'bring it on, pal' attitude to their new neighbour.

GDB2222

The lady who said she offered £15k over - will she still be a buyer when she hears about the awful neighbours? If not, then I am struggling a bit to understand what the OP is complaining about? 

Obviously, he thinks he’s being tricked, but is he right about that? 

silvercar

eddddy said:

zenmoomin said:

So I signed the form....

What exactly is the 'form' you signed?

Does it say things like "Option Agreement" or "Option to Purchase"?

If so, it might give the house buying company the legal right to buy your property at the price stated in the contract.

You should show that document to a solicitor, and ask if it's valid and legally binding.

If it's legally binding, the issue of the land registry restriction might not be very relevant. If you refuse to sell, or sell to somebody else, the house buying company might sue you for damages.

zenmoomin said:

They said I could withdraw my acceptance of the offer at any time before exchange of contracts just like a normal agent.

If the house buying company misled you, that would be 'misrepresentation' - and that could be a basis for cancelling the option agreement. The problem is, the house buying company might deny they said that.

Did they say anything like that in an email or in writing?

zenmoomin said:

That same evening, a lady knocked on my door and told me that they were due to have a second viewing of my property and that HSD had cancelled it, despite them offering a cash price of £15k over the price that HSD had offered me.

The way that many house buying companies work is as follows. They aim to pay you 80% of the final sale value, and keep 20% for themselves. So using some made up numbers...

• The house buying company might offer you £240k to buy your house

• They aim to find a buyer who will pay £300k for your house

• So you end up with 80% and the house sale company get 20%

• They buy and sell on the same day

So the lady's was offer was to the house buying company, not to you.

You missed a step. The day before exchange they drop the 80% to 70% due to some unforeseen issue and you either take it or don't. They hope that you are so excited to sell and may even have a purchase hinging on the sale, that you accept the even lower price.

silvercar

Maybe @Land_Registry can explain their process when there is pending restriction from an unscrupulous company that the current owner disputes. How easy is this to resolve?

RelievedSheff

silvercar said:

Maybe @Land_Registry can explain their process when there is pending restriction from an unscrupulous company that the current owner disputes. How easy is this to resolve?

I guess that depends on what the forms are that the OP has signed?

eddddy

silvercar said:

Maybe @Land_Registry can explain their process when there is pending restriction from an unscrupulous company that the current owner disputes. How easy is this to resolve?

As above, the restriction isn't the main problem

The 'form' (or agreement) that the OP signed will be the main problem.


Assuming the 'form' is an option agreement agreeing to sell their property to the house buying company...

...if the OP sells the property to anyone else, they'll be breaching the agreement. And I suspect that the house buying company would sue the OP for damages.

Land_Registry

I've not heard of a restriction that states you can't "sell my house to anyone except them, and that this would remain FOREVER". The devil will be in the detail and it seems you have at least enquired and confirmed that their application to us is to register a restriction albeit not precisely what it would be.
The pending application will be a problem if you find a confirmed buyer. It doesn't stop you selling or marketing it still but again that might be a moot point as you are aware of the pending application and will be wary of pushing forward with a sale until resolved.
The detail will of course be in what you have signed and what legal obligations are now in place for both you and the company
As for the processing of the application then it will be considered by a caseworker and then referred to a senior officer to decide whether the interest they are seeking to protect can be added to the register. The process will involve notifying you as the registered owner if we decide their interest is a valid one that can be protected in this way.
As things stand it seems you need to wait to see what happens next re their application but in the interim I'd recommend you seek legal advice with regards what you signed and how it impacts 

ChirpyChicken

Done over like a kipper