Estate Agent Complaint
Discussion
If it real bothers you and you are convinced you have a genuine grievance with the EA, then make a complaint to the ombudsmen.
https://www.tpos.co.uk/consumers/how-to-make-a-com...
However I would be surprised if you get anywhere with it. As you pulled out of the sale at the last minute your lucky you didn't get landed with the sellers cost let a lone getting anything for yours.
https://www.tpos.co.uk/consumers/how-to-make-a-com...
However I would be surprised if you get anywhere with it. As you pulled out of the sale at the last minute your lucky you didn't get landed with the sellers cost let a lone getting anything for yours.
If you were local to the area, you would be aware that schemes float around forever and all over the place here. I wasn't being flippant earlier - for as long as I can remember there have been plans to upgrade the A14, the A428, the A1, the A1198 and so on. In the last year or two they "upgraded" the Black Cat roundabout and are already talking about doing it again. Even the A421 upgrade is relatively recent. I mentioned building on Bourn airfield - that's been dragging on for decades, like Northstowe. Cambourne was in planning for ages. The guided busway is a bad joke. They are building a new station North of Cambridge which they could have built instead of spending 100s millions on the guided busway, but decided it was too hard. Now they are doing it anyway ... and a one year project is two years late.
I could go on, but essentially Cambridgeshire is a bit of a disaster zone for planning - multiple different political factions pulling in different directions. Cambridge Council seem to want to ban all travel into the city while simultaneously fighting tooth and nail against building any housing. The growing businesses on the other hand need staff. Lots of rich people have country houses and don't want anything disturbing them (ironic) but also expect to be able to move around easily.
Speaking of which, I have a good friend who self-built in Eltisley ... PM me if you would like to speak with him.
I could go on, but essentially Cambridgeshire is a bit of a disaster zone for planning - multiple different political factions pulling in different directions. Cambridge Council seem to want to ban all travel into the city while simultaneously fighting tooth and nail against building any housing. The growing businesses on the other hand need staff. Lots of rich people have country houses and don't want anything disturbing them (ironic) but also expect to be able to move around easily.
Speaking of which, I have a good friend who self-built in Eltisley ... PM me if you would like to speak with him.
KrazyIvan said:
If it real bothers you and you are convinced you have a genuine grievance with the EA, then make a complaint to the ombudsmen.
https://www.tpos.co.uk/consumers/how-to-make-a-com...
However I would be surprised if you get anywhere with it. As you pulled out of the sale at the last minute your lucky you didn't get landed with the sellers cost let a lone getting anything for yours.
I think this is the answer - take it to TPO - Be interesting to get a judgement one way or the other.https://www.tpos.co.uk/consumers/how-to-make-a-com...
However I would be surprised if you get anywhere with it. As you pulled out of the sale at the last minute your lucky you didn't get landed with the sellers cost let a lone getting anything for yours.
I am an agent, slightly stunned they have offered you ££££, work out your legals/searches cost and ask for that.
we have a very clunky system in this country where vendors and buyers can pull out on the day of exchange with no penalty; it's nuts but it's what we have so we just have to deal with it.
Take the whatever cash the agent offers, try and get enough to get out at par, if you can't just take whet they offer, as to getting them to admit anything, wouldn't bother as it won't happen.
Good Luck
we have a very clunky system in this country where vendors and buyers can pull out on the day of exchange with no penalty; it's nuts but it's what we have so we just have to deal with it.
Take the whatever cash the agent offers, try and get enough to get out at par, if you can't just take whet they offer, as to getting them to admit anything, wouldn't bother as it won't happen.
Good Luck
Strange refusal to say how much the gesture is. 2/3 is very good. As it isn't about the money it and any more obtained will be split with failed seller and own failed buyer, right? That just leaves closing this agent down and making sure he never works again;)
Anyway, this new land you are looking at buying, I hope your due diligence has been deeper than a puddle. You will of course have knocked round to all neighbours to give them early warning the owner is going to try and remove restrictions and letting them know your own plans?
Anyway, this new land you are looking at buying, I hope your due diligence has been deeper than a puddle. You will of course have knocked round to all neighbours to give them early warning the owner is going to try and remove restrictions and letting them know your own plans?
Currently, I work in an area about 35 miles west of Heathrow. At the moment we have very little aircraft noise/interference - occasionally it seems to peak for a few days before subsiding again.
By the same logic as the OP - Over the last few years should I have been making every potential purchaser aware that
- There are plans to expand or create new runways at a major airport in the South
- Heathrow has been proposed although not yet approved
- If it is approved one of the outcomes could be a new runway, or an extension of the runway
- One or both of these options could result in more air traffic west of Heathrow
- The increased traffic may or may not have an affect our town
- The affect on our town may change values
Or, have a I made a huge jump here and the above is completely different?
By the same logic as the OP - Over the last few years should I have been making every potential purchaser aware that
- There are plans to expand or create new runways at a major airport in the South
- Heathrow has been proposed although not yet approved
- If it is approved one of the outcomes could be a new runway, or an extension of the runway
- One or both of these options could result in more air traffic west of Heathrow
- The increased traffic may or may not have an affect our town
- The affect on our town may change values
Or, have a I made a huge jump here and the above is completely different?
FrankAbagnale said:
Currently, I work in an area about 35 miles west of Heathrow. At the moment we have very little aircraft noise/interference - occasionally it seems to peak for a few days before subsiding again.
By the same logic as the OP - Over the last few years should I have been making every potential purchaser aware that
- There are plans to expand or create new runways at a major airport in the South
- Heathrow has been proposed although not yet approved
- If it is approved one of the outcomes could be a new runway, or an extension of the runway
- One or both of these options could result in more air traffic west of Heathrow
- The increased traffic may or may not have an affect our town
- The affect on our town may change values
Or, have a I made a huge jump here and the above is completely different?
don't forget flight paths may change and be more noisyBy the same logic as the OP - Over the last few years should I have been making every potential purchaser aware that
- There are plans to expand or create new runways at a major airport in the South
- Heathrow has been proposed although not yet approved
- If it is approved one of the outcomes could be a new runway, or an extension of the runway
- One or both of these options could result in more air traffic west of Heathrow
- The increased traffic may or may not have an affect our town
- The affect on our town may change values
Or, have a I made a huge jump here and the above is completely different?
the underground may be built under or near their house at some time in the future
global warming may make their house flood
the river 4 miles away may flood them
a flying pig may crash and burn their house down too.
OP go to TPO get them to adjudicate but please post the full findings here
Edited by superlightr on Thursday 20th October 11:10
I drive along this route everyday from Black cat to Cambridge for Work.
Here are the Highways England project details:
http://roads.highways.gov.uk/projects/a428-black-c...
It will go ahead once they finish with the A14 improvements.
That section of the A428 is congested with stop start traffic every weekday morning from before 7am until 9am.
In the evenings it is heavily stacked eastbound from Caxton gibbet back to that proposed house from about 3pm.
The dual carriageway bypass is very badly needed as it should also relieve the congestion eastbound from Black cat back along the A421 bypass to Great Barford every afternoon from 3pm to rush hour.
That house is never going to be a centre of peaceful tranquillity due to its location, even without the bypass, as the A428 is the main route from the A1 at Bedford to Cambridge.
It can take 30 minutes to get from the edge of St Neots to Caxton Gibbet in the mornings, whereas the return journey is around 15 minutes. I've taken to driving along the back route through Abbotsley, Great Gransden and Caxton to Caxton Gibbet now which is much less congested and again only takes around 15 minutes.
The one possible upside of the bypass is that in 2021 when they finish it, the old A428 right in front of the barn will become a lot quieter as all of the traffic will be on the bypass instead.
Here are the Highways England project details:
http://roads.highways.gov.uk/projects/a428-black-c...
It will go ahead once they finish with the A14 improvements.
That section of the A428 is congested with stop start traffic every weekday morning from before 7am until 9am.
In the evenings it is heavily stacked eastbound from Caxton gibbet back to that proposed house from about 3pm.
The dual carriageway bypass is very badly needed as it should also relieve the congestion eastbound from Black cat back along the A421 bypass to Great Barford every afternoon from 3pm to rush hour.
That house is never going to be a centre of peaceful tranquillity due to its location, even without the bypass, as the A428 is the main route from the A1 at Bedford to Cambridge.
It can take 30 minutes to get from the edge of St Neots to Caxton Gibbet in the mornings, whereas the return journey is around 15 minutes. I've taken to driving along the back route through Abbotsley, Great Gransden and Caxton to Caxton Gibbet now which is much less congested and again only takes around 15 minutes.
The one possible upside of the bypass is that in 2021 when they finish it, the old A428 right in front of the barn will become a lot quieter as all of the traffic will be on the bypass instead.
Edited by eltawater on Thursday 20th October 11:29
AyBee said:
I think the biggest issue here is that the Developer has stated that he's suprised the Agent didn't tell you about it. That shouts to me that the Developer told the Agent and the Agent decided not to disclose the information...
Or the developer wants to blame the agent for something he himself did not disclose? timetex said:
I'm not saying they should disclose the route. They can't as it hasn't been finalised. Even I'm not that picky!
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.
I 100% agree with that, but I'm not at all surprised the agent didn't mention it.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.
I do think your solicitor should have picked it up though.
If the route north of the property is used then that'll swamp the house with air pollution due to the prevailing wind.
garyhun said:
AyBee said:
I think the biggest issue here is that the Developer has stated that he's suprised the Agent didn't tell you about it. That shouts to me that the Developer told the Agent and the Agent decided not to disclose the information...
Or the developer wants to blame the agent for something he himself did not disclose? eltawater said:
It's already being swamped by pollution from the main road that's 50 Metres away and plays host to queuing cars, coaches and lorries at least twice a day. If anything, the bypass will probably improve matters....
That might be true. The noise would be far worse though - we're some way into our village with the bypass that half encircles it to the west of us. It's not a problem inside the house but in the garden the noise can be very obtrusive.It's really noticeable if it's snarled up as it goes very quiet.
FrankAbagnale said:
Currently, I work in an area about 35 miles west of Heathrow. At the moment we have very little aircraft noise/interference - occasionally it seems to peak for a few days before subsiding again.
By the same logic as the OP - Over the last few years should I have been making every potential purchaser aware that
- There are plans to expand or create new runways at a major airport in the South
- Heathrow has been proposed although not yet approved
- If it is approved one of the outcomes could be a new runway, or an extension of the runway
- One or both of these options could result in more air traffic west of Heathrow
- The increased traffic may or may not have an affect our town
- The affect on our town may change values
Or, have a I made a huge jump here and the above is completely different?
If i was from outside the area and it was not apparent, then yes - due diligence on the estate agents part to know the buyer a little, yes? they have all these forms, questions, and databases before you view places nowadays. But, i would of asked the question to the effect of "is there any concerns with future building, noise etc".By the same logic as the OP - Over the last few years should I have been making every potential purchaser aware that
- There are plans to expand or create new runways at a major airport in the South
- Heathrow has been proposed although not yet approved
- If it is approved one of the outcomes could be a new runway, or an extension of the runway
- One or both of these options could result in more air traffic west of Heathrow
- The increased traffic may or may not have an affect our town
- The affect on our town may change values
Or, have a I made a huge jump here and the above is completely different?
I was always of the understanding that the estate agent didn't have to tell you anything unless asked about - and if asked they must tell you what they know.
Best way forward - and leave it with them.
https://www.tpos.co.uk/consumers/how-to-make-a-com...
Sounds like you dodged a bullet OP.
Some interesting perspectives on this route.
I come from a background as someone who was previously involved in producing congestion reduction plans, analysing journey times/congestion, incident reduction, causes of congestion/delay and accident hotspots on this and many other HE roads in the East of England.
This section of the A428 is currently an awful stretch of road, one of the most congested in the East of England in terms of delay. As others have said, during peak times its a car park. As a result, the air quality for those living adjacent to it must be terrible. Any one trying to drive out of the various side roads/access out onto the main road in the mornings is reliant on compassionate motorists to slow/stop and let them out! which is one of the reasons for the congestion/stop start effect at peak periods, that and the two roundabouts at either end of this stretch. So, its long overdue an upgrade as is the Black Cat roundabout. I had the misfortune of driving from Bedford to Cambridge as my daily commute for 6 months and you soon learn to avoid the A428 and find all the rat runs/back country lanes between St Neots and Caxton Gibbett.
It also happens to be the next best option when the A14 is closed/clogged for accidents and roadworks, and its lack of capacity in coping with the additional A14 traffic just compounds its unattractiveness as a road to live on to me and further supports the need for dualling. There were up to 30-40 nights a year where it was acting as the diversion route for the A14, and maybe 10-15 days a year when its being used in daytime for accident diversions.
So, I see a new bypass as only improving the quality of life for residents on the 'old' A428 and I would not be surprised if most residents supported a bypass.
However, I understand the OPs stance that not knowing the new route is a big gamble to take for any potential property purchasers. During any consultation period, there would be ample opportunity for any interested parties to engage HE and influence the route/issues but ultimately they will make a decision for the greater good/cost to taxpayer. Its also worth noting that according to the HE website they are already consulting with those likely to be impacted by the proposals so they must have an idea what the options are likely to be but maybe thats too late now for OP.
I come from a background as someone who was previously involved in producing congestion reduction plans, analysing journey times/congestion, incident reduction, causes of congestion/delay and accident hotspots on this and many other HE roads in the East of England.
This section of the A428 is currently an awful stretch of road, one of the most congested in the East of England in terms of delay. As others have said, during peak times its a car park. As a result, the air quality for those living adjacent to it must be terrible. Any one trying to drive out of the various side roads/access out onto the main road in the mornings is reliant on compassionate motorists to slow/stop and let them out! which is one of the reasons for the congestion/stop start effect at peak periods, that and the two roundabouts at either end of this stretch. So, its long overdue an upgrade as is the Black Cat roundabout. I had the misfortune of driving from Bedford to Cambridge as my daily commute for 6 months and you soon learn to avoid the A428 and find all the rat runs/back country lanes between St Neots and Caxton Gibbett.
It also happens to be the next best option when the A14 is closed/clogged for accidents and roadworks, and its lack of capacity in coping with the additional A14 traffic just compounds its unattractiveness as a road to live on to me and further supports the need for dualling. There were up to 30-40 nights a year where it was acting as the diversion route for the A14, and maybe 10-15 days a year when its being used in daytime for accident diversions.
So, I see a new bypass as only improving the quality of life for residents on the 'old' A428 and I would not be surprised if most residents supported a bypass.
However, I understand the OPs stance that not knowing the new route is a big gamble to take for any potential property purchasers. During any consultation period, there would be ample opportunity for any interested parties to engage HE and influence the route/issues but ultimately they will make a decision for the greater good/cost to taxpayer. Its also worth noting that according to the HE website they are already consulting with those likely to be impacted by the proposals so they must have an idea what the options are likely to be but maybe thats too late now for OP.
Danielson73 said:
Some interesting perspectives on this route.
I come from a background as someone who was previously involved in producing congestion reduction plans, analysing journey times/congestion, incident reduction, causes of congestion/delay and accident hotspots on this and many other HE roads in the East of England.
This section of the A428 is currently an awful stretch of road, one of the most congested in the East of England in terms of delay. As others have said, during peak times its a car park. As a result, the air quality for those living adjacent to it must be terrible. Any one trying to drive out of the various side roads/access out onto the main road in the mornings is reliant on compassionate motorists to slow/stop and let them out! which is one of the reasons for the congestion/stop start effect at peak periods, that and the two roundabouts at either end of this stretch. So, its long overdue an upgrade as is the Black Cat roundabout. I had the misfortune of driving from Bedford to Cambridge as my daily commute for 6 months and you soon learn to avoid the A428 and find all the rat runs/back country lanes between St Neots and Caxton Gibbett.
It also happens to be the next best option when the A14 is closed/clogged for accidents and roadworks, and its lack of capacity in coping with the additional A14 traffic just compounds its unattractiveness as a road to live on to me and further supports the need for dualling. There were up to 30-40 nights a year where it was acting as the diversion route for the A14, and maybe 10-15 days a year when its being used in daytime for accident diversions.
So, I see a new bypass as only improving the quality of life for residents on the 'old' A428 and I would not be surprised if most residents supported a bypass.
However, I understand the OPs stance that not knowing the new route is a big gamble to take for any potential property purchasers. During any consultation period, there would be ample opportunity for any interested parties to engage HE and influence the route/issues but ultimately they will make a decision for the greater good/cost to taxpayer. Its also worth noting that according to the HE website they are already consulting with those likely to be impacted by the proposals so they must have an idea what the options are likely to be but maybe thats too late now for OP.
Aye - we were aware that this wasn't the best of roads, but as I mostly work from home or occasionally just needed to take the back route to St Neots station - and Mrs. Timetex has her own business based in Biggleswade so can leave and return pretty much when she likes, and go via the Gamlingay / Potton back route, the bork factor for us was relatively low.I come from a background as someone who was previously involved in producing congestion reduction plans, analysing journey times/congestion, incident reduction, causes of congestion/delay and accident hotspots on this and many other HE roads in the East of England.
This section of the A428 is currently an awful stretch of road, one of the most congested in the East of England in terms of delay. As others have said, during peak times its a car park. As a result, the air quality for those living adjacent to it must be terrible. Any one trying to drive out of the various side roads/access out onto the main road in the mornings is reliant on compassionate motorists to slow/stop and let them out! which is one of the reasons for the congestion/stop start effect at peak periods, that and the two roundabouts at either end of this stretch. So, its long overdue an upgrade as is the Black Cat roundabout. I had the misfortune of driving from Bedford to Cambridge as my daily commute for 6 months and you soon learn to avoid the A428 and find all the rat runs/back country lanes between St Neots and Caxton Gibbett.
It also happens to be the next best option when the A14 is closed/clogged for accidents and roadworks, and its lack of capacity in coping with the additional A14 traffic just compounds its unattractiveness as a road to live on to me and further supports the need for dualling. There were up to 30-40 nights a year where it was acting as the diversion route for the A14, and maybe 10-15 days a year when its being used in daytime for accident diversions.
So, I see a new bypass as only improving the quality of life for residents on the 'old' A428 and I would not be surprised if most residents supported a bypass.
However, I understand the OPs stance that not knowing the new route is a big gamble to take for any potential property purchasers. During any consultation period, there would be ample opportunity for any interested parties to engage HE and influence the route/issues but ultimately they will make a decision for the greater good/cost to taxpayer. Its also worth noting that according to the HE website they are already consulting with those likely to be impacted by the proposals so they must have an idea what the options are likely to be but maybe thats too late now for OP.
The issue with going ahead with the purchase was one of uncertainty. There's a chance that the new road could bypass the barn by a wide enough margin that not only do we not see it or hear it, but (as someone has already mentioned) it would mean a net gain as the existing A428 would be detrunked and become little more than a local backwater - thus taking the main road from the end of the drive. However, there was an equal or greater chance that the new road would be in eye/ear shot of the barn and make life worse.
Once there is certainty with the decision, it settles the 'value' of the property - it could go UP by £100k or down by £300k. The smart money, no matter how emotionally attached you get to moving there, pulls out and lets someone else take the gamble.
So the update is, having written to the EA, they had until Wednesday to respond in full. They did, but effectively brushed aside what I had said, and although were clear not to admit any liability, as a gesture of goodwill made a offer to pay reasonable costs up to £1500. I wrote back immediately suggesting they had missed the point and encouraging them to ignore the route itself (they had become focussed on where the road may/may not go, and the fact that the route isn't known) and focus on the pure and simple fact that the road upgrade is planned, budgeted for and under consultation - and asked them to make a judgment as to whether THIS was material information (not the route itself which isn't yet 'fact'). I gave them until today to reply.
They did so this afternoon. They still claim none of their staff were aware of the A428 upgrade (which makes me lol) but did say:
"Of course we are now aware thanks to your diligence and as such, any interested parties will be informed of the proposals for “Improving the A428 near St.Neots” at the appropriate stage. Further to your concerns I have taken advice and have been informed that it is not necessary to include details of any such proposals in adverts. It would however be advisable for us to inform interested parties before any “transactional decision” was made. Our staff have of course been advised accordingly. "
They've also asked what I would accept to settle, as I'd indicated that £1500 was below the level of costs I had paid out (roughly £1800 in mortgage broker and valuation fees, plus the solicitors fees which I'm getting a bill drawn up for on Monday when they open).
So the matter isn't fully sorted, but I have already got the non-financial conclusion I wanted. I got as close as I'm ever going to get to them admitting they withheld that information from me - but they have at least taken advice and should at least be letting other prospective buyers know - so they can make an informed decision. The financials compensation is the easy bit - I don't want more than I've laid out - I just didn't think I should be out of pocket for their poor judgment, and I wanted to make sure as best I could they didn't do it to anyone else.
Have to say this thread didn't go QUITE the way I expected - seems the majority sided with the EA and thought this was information I should have found out for myself. Actually I did find it out for myself, in the end - but the point is if the EA had made that information available before (in their words) a "transactional decision" was made then I wouldn't have made the offer. For some people, they'll make the offer anyway - but they have to do so with all the information they are legally entitled to.
As people have said on this thread - we have definitely dodged a bullet. This specific set of circumstances was a grey area where unless we knew what to look for, stumbling across the information would probably be down to luck. Also wouldn't be down to the solicitor since it wouldn't appear on a formal search. Maybe something the valuation could have picked up if the valuer happened to have very specific local knowledge (unlikely) - but it should have been something which the EA knew about, and had a duty to pass on.
Had our buyer got their act together we would actually have exchanged before we found out about this - that's how close it was. And I still think there's a chance the road won't impact the property, but in the cold light of day I'm not the one to take that gamble.
The phrase caveat emptor hardly applies in Britain anymore.
The EA whilst maybe acting for a seller has a legal duty not to mislead consuemrs - this is governed by UK law under the Consumer Protection from Unfair Trading Regulations 2008 which can make misleading practices a crime as well as giving consumers civil remedies. In addition these rights can be neforced by the Ombudsman.
Someone has hit the nail on the head when they said this could put the EA in a difficult position as they may have to reveal lots of negative things about a property - but ultimatley the general law is there to protect buyers.
The material is undoubtedly 'material information' as it woudl quite clearly affect a consumers 'transactional ecision' - which could be a whole raft of things including the decision to buy or even the decision to incur other purchasing costs.
The real issue is whether the EA knew and whether they hid it.
If they now know and have failed to mention it then their current advert could constitute an offence - this doesn;t affect you directly but there is a possibilty of prosecution of Trading Standards are informed.
http://www.hamhigh.co.uk/property/when_selling_my_...
edited - just read OPs latest post - IMO it should go into the ad - even phoning the EA could be a transactional decision! I suspect they will hold off until someone is well into the buying process.
The EA whilst maybe acting for a seller has a legal duty not to mislead consuemrs - this is governed by UK law under the Consumer Protection from Unfair Trading Regulations 2008 which can make misleading practices a crime as well as giving consumers civil remedies. In addition these rights can be neforced by the Ombudsman.
Someone has hit the nail on the head when they said this could put the EA in a difficult position as they may have to reveal lots of negative things about a property - but ultimatley the general law is there to protect buyers.
The material is undoubtedly 'material information' as it woudl quite clearly affect a consumers 'transactional ecision' - which could be a whole raft of things including the decision to buy or even the decision to incur other purchasing costs.
The real issue is whether the EA knew and whether they hid it.
If they now know and have failed to mention it then their current advert could constitute an offence - this doesn;t affect you directly but there is a possibilty of prosecution of Trading Standards are informed.
http://www.hamhigh.co.uk/property/when_selling_my_...
edited - just read OPs latest post - IMO it should go into the ad - even phoning the EA could be a transactional decision! I suspect they will hold off until someone is well into the buying process.
Edited by Mojooo on Saturday 22 October 01:31
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