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Originally Posted by towcester when i sold my last house i found that the estate agent had deliberately withheld information about the purchaser from me which incurred direct losses.
essentially the purchaser wanted to buy the house to convert to flats & made a planning application which the agent knew about but didn't disclose to me. the purchaser was presented as a 'family buyer with no chain, keen to complete' by the agent and i accepted an offer wanting a quick sale.
the planning application was referred to committee three months in the future (i was unaware this was going on) and the agent strung me along telling me that we would complete asap knowing full well that the potential purchaser would only complete if they got an OK at the meeting 3 months hence. I had tenants in the house that the agent insisted i ask to leave - which i did. the house was empty for nearly three months.
although i was supposed have been informed that a planning app was in progress. i found out when i found an old planning application notice FOR MY HOUSE ! pinned on a tree after having waited nearly three months. (yes, we'll complete next week - honest !)
when the agent finally presented the bill I deducted my lost rental and paid the balance. (i tried the estate agents ombudsman but it is voluntary and the firm are not members). the agents were not happy about it at all and it went to court. I presented my defense in a letter to the judge but the judge ignored it saying that the defense was invalid. the purchaser (actually a pleasant bloke when i eventually got to talk to him) was happy to sign an affidavit saying that the agent knew his intentions & my solicitors were too saying that the agent did not disclose the buyers true intentions to them either.
Now i have to pay the %^@&^%@ and have a CCJ !
to make matters worse, i screwed up some of the payments (£70 pcm) and they went back to court and have a tie over my house.
Q. do estate agents have a duty of care to clients ? does it cover a situation like this ?
Q. do i have a leg to stand on ?
Q. should i try and pursue or just put it down to being stupid enough not to double check EVERYTHING an estate agent says. ?
any answers/opinions gratefully received !?! |
Good Afternoon,
Im an estate agent in the durham area, im currently persuing my own cases with credit cards and banks with with the questions you have asked.
1.) no they do not unless as you say they have volenteered to be in the obudsman which im please to say the small company i work for is, however, i have not charged a few of my customers for a delay which technically isnt our fault but have done it to keep the sale together as we have 2-3 in a chain. its all down to the boss of the company really he should have look at this and done it as good will.
2.) im really not sure you best look more into it as i have only been in the job for 2years. so unable to help you loads.
3.) no we dont have to tell you anything due to client confideniallity, however you can request this through the solicitors who will generally tell you, but more to the point the sales negotiator lied too you to get the sale.
i belive that up and comming all estate agents are to be regualted but im unsure to when this will happen. ill ask my boss 2moro too try and get some more pointers for you!.
regards
ben
estate agents - duty of care ?? 
