Estate Agent Complaint
Discussion
surveyor said:
But the route is not published. And the agent acts for the vendor not the buyer.
Not saying your wrong, but equally the seller paying his fees would be less than happy if he was telling everyone that a road might or might not be going behind..,
I'm not saying they should disclose the route. They can't as it hasn't been finalised. Even I'm not that picky!Not saying your wrong, but equally the seller paying his fees would be less than happy if he was telling everyone that a road might or might not be going behind..,
What they should have disclosed is that there are major upgrade works proposed for the A428 which the property sits on. Nothing more than that, as they wouldn't be expected to know that. We could then have looked into it ourselves and made an offer accordingly.
FrankAbagnale said:
I can imagine it is absolutely gutting when you think you've found the house of your dreams.
Whatever happens, best of luck!
Looking hard at a plot a bit further north in order to build something instead... but thanks, yes, will take the positives from this and make the best if it!Whatever happens, best of luck!
This the place?
http://www.rightmove.co.uk/property-for-sale/prope...
Looks great, but from some quick googling the roadworks would put me off too. Shame!!
Take the money and run I'd say.
http://www.rightmove.co.uk/property-for-sale/prope...
Looks great, but from some quick googling the roadworks would put me off too. Shame!!
Take the money and run I'd say.
digimeistter said:
The phrase 'buyer beware' springs to mind.
I'm truly amazed the agent has offered anything.
Agree with this.I'm truly amazed the agent has offered anything.
Edited by digimeistter on Wednesday 19th October 19:14
Why didn't you do some research of the area before spending your money? What about if the flight path changes and you havnt been told of that? How on earth can the EA be expected to disclose non formal and non approved ideas?
Take it to the property ombudsman I would be curious to see what they say. Doubt if you would win a bean. Also surprised the EA have offered anything.
Its not official, and funding can get pulled at any time, its not even been formally approved as no formal rout has been set
digimeistter said:
Hardly the Agent's fault, do you expect them to do extensive research on proposed / possible developments on every property?
Your truck should be with your solicitor as this would undoubtedly have shown up on the local search.
Makes you wonder how the internet estate agents could be expected to do this on their fees!Your truck should be with your solicitor as this would undoubtedly have shown up on the local search.
superlightr said:
Agree with this.
Why didn't you do some research of the area before spending your money? What about if the flight path changes and you havnt been told of that? How on earth can the EA be expected to disclose non formal and non approved ideas?
Take it to the property ombudsman I would be curious to see what they say. Doubt if you would win a bean. Also surprised the EA have offered anything.
Its not official, and funding can get pulled at any time, its not even been formally approved as no formal rout has been set
Of course we researched the area!Why didn't you do some research of the area before spending your money? What about if the flight path changes and you havnt been told of that? How on earth can the EA be expected to disclose non formal and non approved ideas?
Take it to the property ombudsman I would be curious to see what they say. Doubt if you would win a bean. Also surprised the EA have offered anything.
Its not official, and funding can get pulled at any time, its not even been formally approved as no formal rout has been set
I know a lot of you are saying it the EA can do what they like, but actually they can't... in the last couple of years regulation of the industry has really tightened up, and EA's have an absolute duty not only to hand over all information they are aware of which could affect a buyer's decision to proceed, but also have a duty to go looking for information as well.
I don't want to get drawn into an argument (especially not with you, digi!) along the lines of 'caveat emptor' as things have moved on in the EA world since the 90's. Whilst that used to be the case, it clearly isn't any longer!
FWIW I have further explained to the EA that I think they need to revisit their response and have given them time to do it, so I have a while to think about my next steps.
I've been offered money - but sometimes "what is right" is more important than "here's some hush money" so I just wanted PH opinion. Seems you're probably 70:30 with the EA - but if this was a car being sold at a dealer and they had omitted to tell me some pertinent information which they would be required by law to tell me, perhaps the collection PH answer would be different?
Again, FWIW, our solicitor said:
“I am very surprised that this was not stated in the Agents Particulars in view of the fact that the Developer says he know (sic) about it. I was not aware of this proposal and it would not come up on the searches as it has not gone for public consultation.”
There are various rulings with the Property Ombudsman where information has not been provided to buyers which has later come to light, and action taken against the EA. Seems to be a criminal offence with unlimited fines, so it is taken quite seriously. Seems to be generally Trading Standards who take it to court. I'm not suggesting anything like that is necessary here - just giving some background for those who think the EA can do what they like and work solely for the vendor. They may be PAID by the vendor, but they have a duty to the buyer...
pork911 said:
So the estate agent failed to disclose something that you already knew about before incurring any fees?
No, we didn't know about this as we aren't local to the area, don't get the local newspapers and although we knew about the A14 upgrades, we weren't aware of proposals for the A428.I can see where you are coming from, but it is somewhat of a moot point. If the EA has an obligation and duty to ensure the buyer has 'material information' and doesn't provide it, then it doesn't matter if our solicitor tells us, we find out on the news or we find out when the road gets built.
We're going round in circles here. EA must divulge information. They didn't. Do I take it further?
So these proposals were only in local hard copy newspapers were they?
How did you learn of it only after and apart from all of your 'research'?
Your wishing to focus on their duty doesn't mean any failure there is the real reason you pulled out.
How much is the goodwill gesture, how much were the fees you've lost and how much do you want?
How did you learn of it only after and apart from all of your 'research'?
Your wishing to focus on their duty doesn't mean any failure there is the real reason you pulled out.
How much is the goodwill gesture, how much were the fees you've lost and how much do you want?
timetex said:
pork911 said:
So the estate agent failed to disclose something that you already knew about before incurring any fees?
No, we didn't know about this as we aren't local to the area, don't get the local newspapers and although we knew about the A14 upgrades, we weren't aware of proposals for the A428.I can see where you are coming from, but it is somewhat of a moot point. If the EA has an obligation and duty to ensure the buyer has 'material information' and doesn't provide it, then it doesn't matter if our solicitor tells us, we find out on the news or we find out when the road gets built.
We're going round in circles here. EA must divulge information. They didn't. Do I take it further?
pork911 said:
So these proposals were only in local hard copy newspapers were they?
How did you learn of it only after and apart from all of your 'research'?
Your wishing to focus on their duty doesn't mean any failure there is the real reason you pulled out.
How much is the goodwill gesture, how much were the fees you've lost and how much do you want?
We learnt of it looking into proposed roadworks to resurface parts of the A428 as it will be more heavily used during the A14 upgrade work. Just happened to find the Highways Agency page doing a google search on A428 roadworks. Came as a bit of a shock...How did you learn of it only after and apart from all of your 'research'?
Your wishing to focus on their duty doesn't mean any failure there is the real reason you pulled out.
How much is the goodwill gesture, how much were the fees you've lost and how much do you want?
Wouldn't have found it ourselves otherwise - it falls under the heading of things that local people who are interested in local stuff would know about, people like estate agents SHOULD know about, and people who are in the consultation areas who got letters etc.
No - obviously the proposals weren't only in local newspapers, that was just an example of the fact that it was 'local' news and not widely reported outside of the area. Falls under the heading of stuff you expect to hear either from the solicitor (if its in searches) or the estate agent (if its in searches anyway, but also other stuff)
The Moose said:
Are these the proposals that come up as the 3rd result in Google for the search 'A428'?!
Our replies crossed - but yes we found it when specifically looking for A428-related information, as the road is also undergoing a programme of work to resurface as its the main relief road (and thus more heavily used) when there are issues on the A14.But as I keep saying - whether or not we found out about it (we did, eventually) is a moot point. The EA should have known and ergo should have mentioned it. That's what the law says!
pork911 said:
When (later, apparently) looking for information about the road right by the house. Hmmm.
Anyway, how much goodwill offer, your fees and what you want? (Other than an admission written in blood of the agent's first born)
You can be as cynical as you like, but yes... we were actually researching the ongoing roadworks:Anyway, how much goodwill offer, your fees and what you want? (Other than an admission written in blood of the agent's first born)
http://www.eltisleyvillage.co.uk/wordpress/wp-cont...
Having seen the closures and diversion signs and being aware of a summer of works, we wondered how it was going and when exactly the bit around the 'new house' would have been closed.
Unless, of course, you think we knew about it all along, made an offer and got to a week before exchange before magically pulling our 'get out' card from up our sleeve and withdrawing from the purchase? And risk losing our own buyer who isn't in a chain, and who offered asking price for our place without it even going on the open market, as well as going through the emotional upheaval of being committed to the move, talking to architects about a planning application for garages, meeting landscape designers there to sort the garden, and the BT install I had booked for 3rd October? Yes, seems legit...
There's not much point me going into detail of the financials. They've offered a settlement but no admission of 'guilt' - the settlement is probably about 2/3rd of our actual costs (factoring in mortgage broker fees, mortgage valuation fee, conveyancing costs) and whilst I can use that money to offset the costs we've already laid out, and whilst I'd rather it was in my bank account than theirs, a part of me thought that "hush money" wasn't the right way to deal with this.
However, most people seem to think 'take the money and run' so maybe that's the right answer.
timetex said:
You can be as cynical as you like, but yes... we were actually researching the ongoing roadworks:
http://www.eltisleyvillage.co.uk/wordpress/wp-cont...
Having seen the closures and diversion signs and being aware of a summer of works, we wondered how it was going and when exactly the bit around the 'new house' would have been closed.
Unless, of course, you think we knew about it all along, made an offer and got to a week before exchange before magically pulling our 'get out' card from up our sleeve and withdrawing from the purchase? And risk losing our own buyer who isn't in a chain, and who offered asking price for our place without it even going on the open market, as well as going through the emotional upheaval of being committed to the move, talking to architects about a planning application for garages, meeting landscape designers there to sort the garden, and the BT install I had booked for 3rd October? Yes, seems legit...
There's not much point me going into detail of the financials. They've offered a settlement but no admission of 'guilt' - the settlement is probably about 2/3rd of our actual costs (factoring in mortgage broker fees, mortgage valuation fee, conveyancing costs) and whilst I can use that money to offset the costs we've already laid out, and whilst I'd rather it was in my bank account than theirs, a part of me thought that "hush money" wasn't the right way to deal with this.
However, most people seem to think 'take the money and run' so maybe that's the right answer.
You seem to be assuming he's suggesting conspiracy.http://www.eltisleyvillage.co.uk/wordpress/wp-cont...
Having seen the closures and diversion signs and being aware of a summer of works, we wondered how it was going and when exactly the bit around the 'new house' would have been closed.
Unless, of course, you think we knew about it all along, made an offer and got to a week before exchange before magically pulling our 'get out' card from up our sleeve and withdrawing from the purchase? And risk losing our own buyer who isn't in a chain, and who offered asking price for our place without it even going on the open market, as well as going through the emotional upheaval of being committed to the move, talking to architects about a planning application for garages, meeting landscape designers there to sort the garden, and the BT install I had booked for 3rd October? Yes, seems legit...
There's not much point me going into detail of the financials. They've offered a settlement but no admission of 'guilt' - the settlement is probably about 2/3rd of our actual costs (factoring in mortgage broker fees, mortgage valuation fee, conveyancing costs) and whilst I can use that money to offset the costs we've already laid out, and whilst I'd rather it was in my bank account than theirs, a part of me thought that "hush money" wasn't the right way to deal with this.
However, most people seem to think 'take the money and run' so maybe that's the right answer.
I don't think he is. I think he's suggesting cock-up on your part, a complete and utter failure to do even the most basic due diligence, expecting others to do all the work for you.
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