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Conned into giving survey to vendor

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DaveyCrockett
DaveyCrockett Posts: 9 Forumite
in House buying, renting & selling
Hi

We offered on a house which was accepted. Once we had the survey done there were a couple of 3s (urgent) suggesting immediate work was required regarding chimney breast issues causing damp in 2 rooms.
We spoke to our EA, they requested a copy so that they could confirm the issues to the vendor. Via the EA the vendor agreed to deal with the issues straight away but could he have a copy of the report so he knew exactly what to do to sort the issues.
Naively we agreed to this. 2 days later we have been told the vendor has sold to someone else, supposedly viewers from some while ago who are cash buyers so he is not interested in counter offers.

Is there anything we can do regarding the survey given to the vendor? As he has clearly shown the new buyers our report to facilitate this other offer. As supported by the following:

As the vendor had marketed with 2 EAs he was able to do things via the other EA without our knowledge. We had already caught him out with accepting viewings after accepting our offer, which was contingent on him taking the property off the market, from the other EA (once we found out the property was removed from Rightmove).
We have been informed by our solicitor that despite accepting the offer from us 3 weeks ago nothing apart from the initial acceptance letter had been sent to her. Despite him supposedly being keen to sell quickly.

Any help greatly appreciated.
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Comments

  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
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    Lucky escape for you, I suspect.
  • mije1983
    mije1983 Posts: 3,665 Forumite
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    edited 11 May 2018 at 12:29PM
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    DaveyCrockett wrote: »
    Is there anything we can do regarding the survey given to the vendor?



    No. From what you have said, you gave it to the vendor of your own free will.



    DaveyCrockett wrote: »
    As he has clearly shown the new buyers our report to facilitate this other offer. As supported by the following <snip>


    All that is immaterial. While it may not be morally right, the vendor has done nothing illegal.
  • hazyjo
    hazyjo Posts: 15,470 Forumite
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    Still don't really get how it proves the EA showed the new buyer your survey. Why would that make anyone more keen to buy a house? If an EA approached me saying someone had had a survey done on a house that they'd found a buyer for and would I be interested in seeing it, I'd think (a) they were a bit dodgy, and (b) maybe - but it certainly wouldn't make me any keener to buy it.




    If it makes you feel any better, he will probably find he has to pay both EAs now as the other one (who you were buying through) did find him a buyer.


    Unfortunately all's fair in love, war and property! Anyone can pull out before exchange.
    2023 wins: *must start comping again!*
  • DaveyCrockett
    DaveyCrockett Posts: 9 Forumite
    edited 11 May 2018 at 1:00PM
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    The house is an old Victorian building and ultimately the survey shows there are no major issues.

    I agree there is no proof, we cant be certain. However the vendor was very keen for us to get the survey done ASAP and immediately after receiving a copy has another buyer. The general timing of everything hes done and how he has acted throughout leaves us feeling very strongly that we were duped.
  • DaveyCrockett
    DaveyCrockett Posts: 9 Forumite
    edited 11 May 2018 at 1:00PM
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    Just reread your reply hazyjo. Its the vendor not the EA who we believe has passed on our survey to the new buyers.
  • ScorpiondeRooftrouser
    ScorpiondeRooftrouser Posts: 2,851 Forumite
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    What do you think could happen? Are you asking whether you can sue him? What for, the value of the survey?
  • cooltt
    cooltt Posts: 852 Forumite
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    DaveyCrockett wrote: »
    Just reread your reply hazyjo. Its the vendor not the EA who we believe has passed on our survey to the new buyers.

    Let me cut through the noise for you.

    There is absolutely nothing you can do to any party involved in this, NOTHING.

    It's a bitter pill we know, nobody has done anything wrong, learn the lesson and move on.
  • ScorpiondeRooftrouser
    ScorpiondeRooftrouser Posts: 2,851 Forumite
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    cooltt wrote: »
    Let me cut through the noise for you.

    There is absolutely nothing you can do to any party involved in this, NOTHING.

    It's a bitter pill we know, nobody has done anything wrong, learn the lesson and move on.

    There's lots of things they could do to them. Unfortunately most of the ones they might like to do are illegal.
  • hazyjo
    hazyjo Posts: 15,470 Forumite
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    DaveyCrockett wrote: »
    Just reread your reply hazyjo. Its the vendor not the EA who we believe has passed on our survey to the new buyers.
    Okay ta for clarifying.


    I really think you're reading too much into it though.


    Presume it was a homebuyer's report? So maybe £350-ish, prob less if done alongside your valuation? Really doubt that would have swayed someone else into buying the house. I would want a survey of my own still anyway.
    2023 wins: *must start comping again!*
  • Tiglet2
    Tiglet2 Posts: 2,470 Forumite
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    It would most likely have been in the small print, but in any case you now know that the survey was yours to keep and you are no obligation to provide a copy to anyone else. You don't even have to show your solicitor if you prefer not to. What you should have done, is photocopy extracts from the survey and passed them to your own solicitor to raise enquiries. Even if you had sent the whole document to your solicitor, they would only send extracts to the vendor's solicitors. You could also have passed these extracts to the EA if there was a possibility that some of the concerns could have been dealt with directly with the vendor.

    However, I think it is obvious that this vendor isn't playing by the rules and it sounds as though he would have messed you around throughout the whole process. It's cost you the price of the survey, but I think you've had a lucky escape.

    For your next purchase, wait for your solicitor to receive instructions from the seller's solicitor, get your formal mortgage offer (if you are having one) sorted out, wait until the solicitor confirms receipt of draft contracts and then you can instruct a survey to be done.
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