Estate Agent gave keys to buyer before completion!

[bendeneo]

Hello there,

I am in need of advice on how to go about sueing my Estate Agent for their fees due to a serious breach of contract!

The day before I was due to complete on the sale of my flat I visited it to remove some belongings and return the key I had taken back from the EA when I borrowed it to pick up mail.
When I got to the flat I found the buyers builders in the flat performing extensive renovations (all the floors up, kitchen gutted etc).
looking at the scale of the work they had been inmy flat for many days!

I am now going to sue the EA for breach of contract as they should never have given keys without my consent, or taken a copy without my consent..... I think I am pretty confident in them being in breach!

Any advice from anyone or similar cases of taking EA's to court?

Thanks,

Ben

[PKea]

Morning Ben

What is it you hope to achieve by doing this?

What outcome do you want?

PKea

[Esio Trot]

Originally Posted by bendeneo

I am now going to sue the EA for breach of contract as they should never have given keys without my consent, or taken a copy without my consent..... I think I am pretty confident in them being in breach!

Any advice from anyone or similar cases of taking EA's to court?

Unless they are a two-bit operation, they are bound to have Professional Indemnity Insurance - to protect themselves from just this sort of error, or even worse.

Great you think - Insurance means you'll be more likely to be paid. Wrong.

The object of the insurer is to obfuscate and stonewall your claim. They normally have a whole floor of people whose job is to prevaricate and produce information piecemeal. In addition, the insurer normally instructs the EA NOT to even mention that PII is held, not to reply to any letters ("forward all correspondence direct to us") nor speak in person or on the telephone about the matter ("all communications must be in writing").

Unless you have your own legal expenses cover (who will only get involved if there is a likelihood of succeeding) you will need to have deep pockets if using a lawyer. If you are doing it yourself, you will need a lot of time.

I have only written about making a legal claim on the EA, not on any other course you may have open to you.

[MrShed]

Pretty shocking actions really. Is the EA a member of a professional body, such as NAEA?

[Aequitas]

The question you need to ask yourself is: "What is my loss?" Assuming the matter was completed on time and you now have the sale proceeds how is your position different from what it would have been if there had been no early entry? The buyer has had the benefit of a few days access and under the contract should pay interest, but that really ought to have been dealt with on completion and was a matter between you and the buyer. Did you mention the early access to your solicitor?

Whilst it is all highly annoying, I should be inclined to forget it as there is nothing in it for you apart from wasting time and money on litigation. Just make a complaint to the agent's professional body.