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    • DaveyCrockett
    • By DaveyCrockett 11th May 18, 12:03 PM
    • 9Posts
    • 7Thanks
    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

    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 2
    • ric1982
    • By ric1982 11th May 18, 4:38 PM
    • 199 Posts
    • 32 Thanks
    I guess that's fair but commitment is two way street. Can't expect buyer to shell out costs and allow vendor to mess around. Sorry but the vendor sounds dishonest.

    Edit: What I am saying is that vendor should have sent draft contract as showing commitment at his end.
    Last edited by ric1982; 11-05-2018 at 4:42 PM.
    • Cakeguts
    • By Cakeguts 11th May 18, 5:36 PM
    • 5,526 Posts
    • 8,468 Thanks
    I can't see what your problem is, sorry. You had a survey done on a house that showed there were some problems with it that needed fixing soon. What anyone else would have done at this stage was to pause and work out if they still wanted to pay the same amount for the house as they had offered before knowing the problems that the survey had shown up.

    The survey could have shown up that there was a mayor structural problem and you would have pulled out but you wouldn't have expected your money back for that.

    In my opinion the survey did what it was supposed to do. It prevented you from buying a house with a heap of problems that you didn't know about when you offered. You had a lucky escape. The house was sold to cash buyers because they probably didn't bother with a survey. The seller might have assumed that you would do what other sensible people would have done which was to pull out of the sale so they sold it to someone who they knew wouldn't.

    I don't really know why you are so upset about this. You have had a lucky escape. Surveys are expensive but they can be a lot cheaper than some of the repairs that they show up.
    • p00hsticks
    • By p00hsticks 11th May 18, 6:45 PM
    • 6,700 Posts
    • 7,318 Thanks
    At the very least this thread may come up in an internet search in the future and mean someone else doesn't make our mistake.
    Originally posted by DaveyCrockett
    Another potential mistake to avoid in future.....

    If anything comes up in a future survey, don't request that the vendors fix it themselves - they're likely to do the cheapest botch job they can get away with. Instead, try to negotiate a reduction in the price to cover the cost of having the work done yourself once it;s yours.
    • EachPenny
    • By EachPenny 11th May 18, 7:23 PM
    • 10,354 Posts
    • 29,414 Thanks
    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
    Something to consider before posting details of the house as a 'name and shame', you have made allegations about the vendor on a public forum, It might be better for you, and the vendor, to keep identities concealed.

    Not least because you are also admitting you contacted the other EA giving false information. Although relatively minor in the scale of misdemeanors, you probably don't want it known amongst the local estate agent and vendor community that you are quite willing to waste other people's time and don't always tell the truth.
    "In the future, everyone will be rich for 15 minutes"
  • archived user
    I don't really understand where the evidence is that the new buyer has the survey?
    Surely if a cash buyer comes along that is willing to meet the vendors price it's more attractive than someone wanting items on a survey fixed and needing a mortgage? Or maybe they want to sort the issues themselves etc.
    I don't think ownership of the survey is of any consequence here
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