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Beware of misleading purple bricks

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  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    Fshorty30 wrote: »
    Thanks for this and I too thought because I haven’t got POA I wouldn’t have been liable but I found this on purple bricks contract so wonder would I still be held accountable and have to pay
    “All owners of the Property
    When you Instruct Purplebricks you confirm that you do so with the knowledge, consent and agreement of each and all of the legal owners and occupiers and those who have an interest in the marketing and/or sale of the Property. Further, you confirm that you have all relevant authorities and authorisations as are necessary or required to enable you to take advantage of the Products and Services. It is a condition of your acceptance that you do so on behalf of all legal owners of the Property.”
    I think you're going to be liable, your father isn't though.

    As queried above though, how is/was the sale going to get any further if you don't have POA?
  • Fshorty30
    Fshorty30 Posts: 27 Forumite
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    It’s already been sold through another agent- as he granted permission
  • Fshorty30
    Fshorty30 Posts: 27 Forumite
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    Thanks for all of your advice and I agree that I should have researched it more myself and not taken the sales reps word for it. In my defence I initially contacted them because I saw an advert on the television which I now believe has been banned from watchdog as it was misleading.
  • csgohan4
    csgohan4 Posts: 10,597 Forumite
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    generally firms who advertise on TV are not always what they seem or good, JML products being a prime example or shopping channels
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • markin
    markin Posts: 3,849 Forumite
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    We don't charge a percentage of the sale price, instead we simply charge a fair fixed fee.
    We feel this is a much fairer way to sell your home.
    UK postcodes£899 (inc. VAT)
    London & surrounding postcodes£1,399 (inc. VAT)


    Pay on instruction or up to 10 months later (same price)


    Im afraid i would fall for this if i didn't know better, the normal fee is when you sell, why would this Flat Fee not be the same?
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    Fshorty30 wrote: »
    Thanks for all of your advice and I agree that I should have researched it more myself and not taken the sales reps word for it. In my defence I initially contacted them because I saw an advert on the television which I now believe has been banned from watchdog as it was misleading.

    The ban on ads was on the misleading amounts they say you save and the fact the deffered payment is a loan. Nothing to do with their business model.
    Presumably your dad has enough capability to sign what's out in front of him and the solicitor is going along with that so the fact you said he's got Alzheimer's is misleading itself , because if it was bad enough to be significant then he wouldn't be able to sign?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    edited 18 April 2019 at 8:16AM
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    Fshorty30 wrote: »
    I was selling my fathers house as he has altzheimers -(I don’t have power of attorney )
    Having been here myself, there is only one thing to say here...

    If he still has capacity (his doctor can confirm that), then GET PoA IN PLACE NOW. TODAY. I MEAN TODAY.
    https://www.gov.uk/power-of-attorney

    This is NOT something to muck about with. If and when his dementia progresses to the point that he becomes confused about the sale - you could find yourself being accused of all sorts of things, and right now you have no defence.

    (BTW, if you haven't seen it, I cannot recommend this strongly enough - https://www.amazon.co.uk/dp/0091901812 - to help you understand what his life is like right now.)
    and was going with a high st estate agent but the seller was dragging their feet
    ...
    A sales advisor visited me and led to me to the conclusion that it was no sale no fee
    And what did your contract with them state about the terms of that?

    I bet it was something along the lines of "if they found a buyer, and that buyer dropped out before completion, then there would be no fees".
    In the meantime the original buyer came through and the sale progressed- I advised purple bricks ( this was about 4 weeks later ) and they happily returned the keys. 6 months later I have received a letter informing me that I am liable to pay £1199- i was astonished and upon speaking to them they are insistent that when I completed my online application this explains that a fee is payable regardless of sale or not
    So the Ts & Cs you agreed to did state that a fee would be payable in those circumstances?
    and I am also entering into an agreement on behalf of the owner
    Well, yes. Of course you're doing it on your father's behalf...
    I am at my wits end because I think I may be liable to pay this money although no physical signature from myself or my dad was obtained
    I bet you'd have been happy to accept that the contract did exist if they had found you a buyer, signature or not.

    I'm really not sure why PB are even talking to you, tbh. You cannot sell somebody else's house. Your father, as the house owner, is their customer. PoA is needed for you to act on his behalf.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    markin wrote: »
    Im afraid i would fall for this if i didn't know better, the normal fee is when you sell, why would this Flat Fee not be the same?
    Because it doesn't say "no sale no fee" or anything along those lines.
  • Fshorty30
    Fshorty30 Posts: 27 Forumite
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    I am in process of getting poa.
    In reference to the sale of the house the proceeds of the sale was paid into my dads account - although there was medical evidence to prove he had early stage altzheimers. Can I object to payment on the grounds that it was my father that sold the house and not me- his name is in the deeds? If so , can purple bricks pursue a claim against me saying I shouldn’t have completed the application online on his behalf without his consent ?
  • letitbe90
    letitbe90 Posts: 345 Forumite
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    Fshorty30 wrote: »
    I am in process of getting poa.
    In reference to the sale of the house the proceeds of the sale was paid into my dads account - although there was medical evidence to prove he had early stage altzheimers. Can I object to payment on the grounds that it was my father that sold the house and not me- his name is in the deeds? If so , can purple bricks pursue a claim against me saying I shouldn’t have completed the application online on his behalf without his consent ?


    You are going to have to pay up, estate agents aren't required to verify you to a solicitor level (that is what they are for). If you misrepresented yourself being able to sell the house and decided to use Purple Brick's service, you are liable to costs incurred by Purple Brick.

    It isn't a requirement for estate agents to look at property/title deeds to ascertain true owner and who has the power to do what - that is your responsibility (and the solicitors to check when completing).
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