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Shared access - odd question.

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  • YoungBlueEyes
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    Davesnave wrote: »
    If it were me and I'd just lost £1k because of a richardhead like this, I'd be tempted to delete the bit in this thread that IDs the exact location, then send the link with a short explanatory letter to Nos 1-4.
    They ought to know what others think about their cosy arrangement with Mr 6 now the truth is known.

    I didn't think of this. As no4 is the only one I actually spoke to and she happy with it, the challenger/s are from 1-3. They're trying to do something, unsuccessfully as yet but at least they're standing up to it. The other side of no6 is a commercial premises. Looking at streetview I think their building goes up to their boundary so it doesn't affect them at all.
    Smodlet wrote: »
    I think I would be tempted to send it to the EA... And, perhaps, the LR? Trading standards if the EA fails to disclose it once they have been informed? What me? Stir it?

    This I like. I was going to ask (on here) - what is the point of asking an EA "why have other sales fallen through, what do I need to know about this property?" if they're just going to lie through their teeth?? Is there no comeback? Yes mortgages do fall through and close relatives die, but I severely doubt those are the real reasons in this case!
    I'd love to be able to send them my bill. It's c£1.5k I could do with right now!
    I'm going to write to the EA's boss, telling him exactly what's happened. I'd cheerfully do LR and trading standards too :D Anybody got an address ha haa!
    The second man to go over Niagara Falls in a barrel, Bobby Leach, survived the fall but later died as a result of slipping on a piece of orange peel.
  • YoungBlueEyes
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    circuit wrote: »
    Good thing you questioned this silly situation.

    Good thing I know that I know nothing, and have wise people to ask! :T
    The second man to go over Niagara Falls in a barrel, Bobby Leach, survived the fall but later died as a result of slipping on a piece of orange peel.
  • YoungBlueEyes
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    Has anybody complained about an EA? What are your experiences?

    This EA is a member of the property ombudsman, and I've just read the code of practice for EA's on trading standard's website. There are plenty of points they've fallen foul of... Should I chalk this up to experience or pursue it? (The boss is getting a letter tomorrow, I mean pursue it with trading standards.)
    The second man to go over Niagara Falls in a barrel, Bobby Leach, survived the fall but later died as a result of slipping on a piece of orange peel.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    I think Trading Standards are pretty stretched generally. In some areas, like where I live, they seem reluctant to get into what they see as less important matters.

    I contacted them over an issue with a conservatory company, but apart from waffling about stuff I already knew re consumer rights, they seemed keen to push me to use the relevant trade association rather than become involved. I did that, but without success, so eventually I took the company on myself.

    I didn't bother reporting back to Trading Standards. They asked me to do that, more in terms of 'if I got stuck,' than to build up any picture . Anyway there's nothing to report yet; the company still have 4 years to come after me for the money I withheld!
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 8 October 2018 at 7:06AM
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    Estate Agents are supposed to tell the truth re any problems they know of with a property - I believe that was something that came in in 2013.

    When I bought current house I did found one EA here telling me the real reason why a sale had fallen through on a house I was interested in (think it was the roof?). They didn't mention the kerfuffle about the road it's in - though the local grapevine is quite well aware about that (ie several people have told me about that road). I didnt buy that house.

    A rule of thumb that applies to some areas as one way to tell whether an EA is aware that a property has a noticeable defect or two is if they do the viewings themselves. In my home city we downright expect EA's to do their own viewings - but in current town the "rule of thumb" is = if an EA actually does their own job for once and shows you the property, then that means they know the property is very defect-prone and are hoping to flannel the person who doesnt know the area into buying it. In some areas (probably smaller ones - as you are looking at) the EA's can be very lazy and hate setting foot outside their offices if they can possibly help it.

    In your position - as you are looking at a different area to your own, then I'd check whether it's the norm or no for the local EA's to show people around. If it is their norm to do their own viewings = then fine. If it isn't their norm and they are trying to persuade you to see a house you haven't mentioned and they actually come with you to do the viewing = the house has got a lot of defects and they're hoping for incomers to view it (as the locals probably know about it).
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    A rule of thumb that applies to some areas as one way to tell whether an EA is aware that a property has a noticeable defect or two is if they do the viewings themselves.
    Really? I'm not aware of that one.

    When I sold my Dad's bungalow in Wiltshire, I didn't do any viewings at all. There was nothing wrong with it, as I'd just re-furbed and it was only 20 years old. I just didn't want any hassle or to deal with the old ladies/gents I knew it would attract. :p

    Conversely, when we sold our house in Bath, which was also well-up together, we did about half the viewings and the agents did t'others. We were the ones that sold it, if anyone thinks it made a difference, but we considered it irrelevant.

    Here in Devon, and also in West Wales, we had many viewings, usually owner-led, but that was down to the type of property. All the agents we met spouted rubbish at least some of the time, but on the whole we found no obvious attempts at deception. I'd agree Welsh country agents are quite often lazy, to the extent that we'd be given keys to vacant houses, but maybe that practice has changed now?

    Here in Devon, with the house we bought, our 3 viewings were all owner-led. We're friends with the person who conducted them.There was lots wrong with the place, but it would have made no difference at all if the agent had been there. We never met him, having soon deduced he was a shyster worst kind. Indeed, when we collected the keys, at our request, it was from under a brick in the front garden!:rotfl:
  • ReadingTim
    ReadingTim Posts: 3,970 Forumite
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    Estate Agents are supposed to tell the truth re any problems they know of with a property - I believe that was something that came in in 2013.

    The problem though, is proving that the EA knew about the problem and deliberately lied/concealed the truth, as they can only go on information provided to them by the vendor.

    So, if the vendor is economical with the truth / dishonest, there's nothing the EA can do about that, or be held liable for.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    This is what I did although it was some years ago now. I viewed an old 2 bed cottage. The vendors had moved out so the house was vacant and luckily they had removed the carpets from upstairs. The stairs went up the middle from the kitchen so between the kitchen and the front living room. What the vendors had done was to remove the wall between the stairs and the kitchen making the stairs open plan in the kitchen. When I went upstairs I noticed that the floor boards in the back room the one over the kitchen went across the room from wall to wall meaning that the joists went the otherway and would have been resting on the wall that had been removed. You could see from the depth of wood that was left on bottom of the staircase that there was no supporting steel. We then realised what the beam of wood that was slightly offset from the stairs at the bottom and going between the floor of the kitchen and the kitchen ceiling was for. The following day the estate agent had told me there was a young couple going back for a second viewing. I didn't want to risk the possibility that this might be true because the upstairs backroom floor in that house was held up on a beam of wood. So I told the estate agent after the viewing that he was not to allow anyone else into the house until it had been made safe. (I can have that tone of voice you know) my mother was with me so she was a witness to it all. The estate agent said that he would get a structural engineer in to look at the property and he would instruct the vendors to remove the property from the market. I also said at the time to the estate agent (using that tone of voice) that he was now not to show the property to anyone else until the issues had been resolved because I had told him what the problem was.



    In your case you can always get a mystery shopper to phone the agent after you have written to them telling them of the problem or told them in front of a witness to find out if they are still not telling people about the access problem.
  • Smodlet
    Smodlet Posts: 6,976 Forumite
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    ReadingTim wrote: »
    The problem though, is proving that the EA knew about the problem and deliberately lied/concealed the truth, as they can only go on information provided to them by the vendor.

    So, if the vendor is economical with the truth / dishonest, there's nothing the EA can do about that, or be held liable for.

    Until or unless a potential buyer can prove they were aware because said buyer told them and had a read receipt to an email, perhaps?

    Not sure it would do any good but I would also be tempted to contact RM; there is a button on every listing to report errors... It all depends on how much trouble you want to go to and how much you care about helping others, who may not be nearly as clued up as yourself, YBE, to avoid this pitfall. I think you said there were mining issues as well?
  • YoungBlueEyes
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    I posted this aft but I can't have pressed "post quick reply" properly. Evidently not as bright as I like to think I am.... Grrr.

    The gist was that I don't have proof that the EA knew about the access when I viewed, though I don't doubt they did. I know people do have mortgage troubles and relatives die, but I reckon in this case it's no6 that's the issue. But actual proof is another matter.

    I haven't heard of the EA viewings means there's a defect thing either. We had the EA do our viewings as we've never sold a house before. Although our buyers wanted to view on a Sunday afternoon (EA shut) so I had to do it - eek! Not as scary in the end as I'd thought it would be. It wasn't a defect/good house thing though, it was an opening hours/don't lose the buyers thing.

    I've written my letter but not sent it yet. It's really a complaint about the staff's conduct and many lies, and my unhappiness with them in general. I've not sent it yet though in case I end up moving there and need to use them again. The access + ROW malarky is another issue though. I'll email them about that, and tell RM. It isn't right that they're letting people spend so much money for something when they don't have the full picture. That !!!! ain't right!

    Yes there are mining issues as well. I can't remember what my solic said now - was it maybe a mine head or a mineshaft within 25m of the property. I know Derbyshire is practically riddled with them, but 25m is damned close! Too much for me, on top of all the other survey issues.

    It's thanks to this place that I'm as clued up as I am. I've said this before but it's true - I would pay to be a member of mse. You've saved me god knows how much money and trouble and heartache and sleepless nights, between father dying and all that contesting will nonsense and now this :T
    The second man to go over Niagara Falls in a barrel, Bobby Leach, survived the fall but later died as a result of slipping on a piece of orange peel.
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