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  • FIRST POST
    • DaveyCrockett
    • By DaveyCrockett 11th May 18, 12:03 PM
    • 9Posts
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    DaveyCrockett
    Conned into giving survey to vendor
    • #1
    • 11th May 18, 12:03 PM
    Conned into giving survey to vendor 11th May 18 at 12:03 PM
    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.
Page 1
    • LandyAndy
    • By LandyAndy 11th May 18, 12:15 PM
    • 24,519 Posts
    • 51,749 Thanks
    LandyAndy
    • #2
    • 11th May 18, 12:15 PM
    • #2
    • 11th May 18, 12:15 PM
    Lucky escape for you, I suspect.
    • mije1983
    • By mije1983 11th May 18, 12:26 PM
    • 3,542 Posts
    • 20,278 Thanks
    mije1983
    • #3
    • 11th May 18, 12:26 PM
    • #3
    • 11th May 18, 12:26 PM
    Is there anything we can do regarding the survey given to the vendor?
    Originally posted by DaveyCrockett


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




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

    All that is immaterial. While it may not be morally right, the vendor has done nothing illegal.
    Last edited by mije1983; 11-05-2018 at 12:29 PM.

    • hazyjo
    • By hazyjo 11th May 18, 12:26 PM
    • 11,055 Posts
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    hazyjo
    • #4
    • 11th May 18, 12:26 PM
    • #4
    • 11th May 18, 12:26 PM
    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.
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes; Thai cooking stuff; Jo Brand talk; Slime Factory
    • DaveyCrockett
    • By DaveyCrockett 11th May 18, 12:55 PM
    • 9 Posts
    • 7 Thanks
    DaveyCrockett
    • #5
    • 11th May 18, 12:55 PM
    • #5
    • 11th May 18, 12:55 PM
    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.
    Last edited by DaveyCrockett; 11-05-2018 at 1:00 PM.
    • DaveyCrockett
    • By DaveyCrockett 11th May 18, 12:58 PM
    • 9 Posts
    • 7 Thanks
    DaveyCrockett
    • #6
    • 11th May 18, 12:58 PM
    • #6
    • 11th May 18, 12:58 PM
    Just reread your reply hazyjo. Its the vendor not the EA who we believe has passed on our survey to the new buyers.
    Last edited by DaveyCrockett; 11-05-2018 at 1:00 PM. Reason: Error in wording
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 11th May 18, 1:03 PM
    • 2,640 Posts
    • 4,183 Thanks
    ScorpiondeRooftrouser
    • #7
    • 11th May 18, 1:03 PM
    • #7
    • 11th May 18, 1:03 PM
    What do you think could happen? Are you asking whether you can sue him? What for, the value of the survey?
    • cooltt
    • By cooltt 11th May 18, 1:15 PM
    • 604 Posts
    • 366 Thanks
    cooltt
    • #8
    • 11th May 18, 1:15 PM
    • #8
    • 11th May 18, 1:15 PM
    Just reread your reply hazyjo. Its the vendor not the EA who we believe has passed on our survey to the new buyers.
    Originally posted by DaveyCrockett
    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
    • By ScorpiondeRooftrouser 11th May 18, 1:19 PM
    • 2,640 Posts
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    ScorpiondeRooftrouser
    • #9
    • 11th May 18, 1:19 PM
    • #9
    • 11th May 18, 1:19 PM
    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.
    Originally posted by cooltt
    There's lots of things they could do to them. Unfortunately most of the ones they might like to do are illegal.
    • hazyjo
    • By hazyjo 11th May 18, 1:26 PM
    • 11,055 Posts
    • 14,577 Thanks
    hazyjo
    Just reread your reply hazyjo. Its the vendor not the EA who we believe has passed on our survey to the new buyers.
    Originally posted by DaveyCrockett
    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.
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes; Thai cooking stuff; Jo Brand talk; Slime Factory
    • Tiglet2
    • By Tiglet2 11th May 18, 1:32 PM
    • 261 Posts
    • 245 Thanks
    Tiglet2
    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.
    • moneyistooshorttomention
    • By moneyistooshorttomention 11th May 18, 1:53 PM
    • 17,070 Posts
    • 47,151 Thanks
    moneyistooshorttomention
    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.
    Originally posted by cooltt
    Someone very clearly HAS "done something wrong" - ie the vendor has pulled a stunt on OP. But - I suspect there is nothing legally that can be done/no way to get any compensation out of Naughty Vendor for doing that one.

    They're coming over as a try-on merchant - two EA's for a start-off (ie all the better to do "divide and rule" with).

    Yep...I get that OP is livid (and rightfully so) and so would I be in their position. They've had a con run on them and fallen for it

    But - I'd advise that the best way to deal with this is to think that = It's more fool them (ie about the tricky vendor) and a great peace descends when one realises that "I don't have to get even with them and await my opportunity for that - as the Universe will dish out appropriate karma for having pulled that one on me and I hope I'll find out what that karma was at some point - but I don't have to take action myself to ensure there is payback for that". At that point you can drop the anger and get on with your life - and just hope you do find out what specific way the "wheels grind exceedingly slow - but they DO grind" at some point.

    Peace descends - as they won't "get away with it" somewhere or other along the line. You can get on with your life.
    Never doubt that a small group of people can change the world.

    It's the only thing that ever has.
    • ric1982
    • By ric1982 11th May 18, 2:49 PM
    • 190 Posts
    • 31 Thanks
    ric1982
    Someone very clearly HAS "done something wrong" - ie the vendor has pulled a stunt on OP. But - I suspect there is nothing legally that can be done/no way to get any compensation out of Naughty Vendor for doing that one.

    They're coming over as a try-on merchant - two EA's for a start-off (ie all the better to do "divide and rule" with).

    Yep...I get that OP is livid (and rightfully so) and so would I be in their position. They've had a con run on them and fallen for it

    But - I'd advise that the best way to deal with this is to think that = It's more fool them (ie about the tricky vendor) and a great peace descends when one realises that "I don't have to get even with them and await my opportunity for that - as the Universe will dish out appropriate karma for having pulled that one on me and I hope I'll find out what that karma was at some point - but I don't have to take action myself to ensure there is payback for that". At that point you can drop the anger and get on with your life - and just hope you do find out what specific way the "wheels grind exceedingly slow - but they DO grind" at some point.

    Peace descends - as they won't "get away with it" somewhere or other along the line. You can get on with your life.
    Originally posted by moneyistooshorttomention
    Good advise
    • DaveyCrockett
    • By DaveyCrockett 11th May 18, 3:04 PM
    • 9 Posts
    • 7 Thanks
    DaveyCrockett
    Sadly survey was 600. And we were concerned re survey results as it was built in 1865 and heard a few horror stories, so I am sure the new buyers had their fears allayed.
    At the very least this thread may come up in an internet search in the future and mean someone else doesn!!!8217;t make our mistake.
    Just to give the whole picture, the vendor was very sly, he insisted a survey was booked in before he would take the property off the market, so we rushed it rather than go through the normal procedures.

    Should have realised what he was like when I had to pretend to the other EA that I was someone else wanting a viewing post offer acceptance to prove he was still allowing viewings!!!55357;!!!56873;.
    • ric1982
    • By ric1982 11th May 18, 3:19 PM
    • 190 Posts
    • 31 Thanks
    ric1982
    Sadly survey was 600. And we were concerned re survey results as it was built in 1865 and heard a few horror stories, so I am sure the new buyers had their fears allayed.
    At the very least this thread may come up in an internet search in the future and mean someone else doesn!!!8217;t make our mistake.
    Just to give the whole picture, the vendor was very sly, he insisted a survey was booked in before he would take the property off the market, so we rushed it rather than go through the normal procedures.

    Should have realised what he was like when I had to pretend to the other EA that I was someone else wanting a viewing post offer acceptance to prove he was still allowing viewings!!!55357;!!!56873;.
    Originally posted by DaveyCrockett
    Not sure how it comes against this forum's policy but would name and shame via rightmove url here, incase if comes back on the market others be warned?
    • moneyistooshorttomention
    • By moneyistooshorttomention 11th May 18, 3:22 PM
    • 17,070 Posts
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    moneyistooshorttomention
    I've not seen any rules against doing this.

    So - I think I'd probably do so in OP's position - ie give the details of the house.
    Never doubt that a small group of people can change the world.

    It's the only thing that ever has.
    • ACG
    • By ACG 11th May 18, 3:28 PM
    • 17,799 Posts
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    ACG
    How do you know the vendor never looked at the report, thought it would cost too much to put right and so accepted a lower offer with no hassle from another buyer?
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
    • ric1982
    • By ric1982 11th May 18, 3:39 PM
    • 190 Posts
    • 31 Thanks
    ric1982
    Thats a valid point. But alarm bell starts ringing when vendor asks to book a survey to take the property off the market!
    • Slithery
    • By Slithery 11th May 18, 4:16 PM
    • 963 Posts
    • 1,534 Thanks
    Slithery
    Not really.

    A lot of vendors won't take their property off the market until you show that you're committed, for example by having a survey.
    • moneyistooshorttomention
    • By moneyistooshorttomention 11th May 18, 4:26 PM
    • 17,070 Posts
    • 47,151 Thanks
    moneyistooshorttomention
    [QUOTE=DaveyCrockett;74272763
    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.

    .............................

    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. .[/QUOTE]

    Sounds like enough proof to me of what the vendor was up to.
    Never doubt that a small group of people can change the world.

    It's the only thing that ever has.
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