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HP Mum

Estate Agent misrepresentation?

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What redress does someone have if a real estate agent is discovered to have knowingly marketed and offered a property for sale with the wrong tenure?

 

Meaning here: instructed to market and sell a property as leasehold only; yet offering it direct to prospective buyers as fh - to the point that written offers are made to include fh?

 

Is there an Act that real estate agents have to abide by?

Grateful for replies.  Thanks

 

 

 

 

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Hi.

 

Is this related to your other recent thread about the freehold/leasehold property and serving notice please?

 

HB


Illegitimi non carborundum

 

 

 

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yes.

 

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Thank you. So the property has already been sold?

 

Can you tell us what you're trying to achieve with this query please? Have you lost money?

 

HB


Illegitimi non carborundum

 

 

 

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Who is the regulator for the agents please, are they in the ombudsman scheme or with someone else?

 

HB


Illegitimi non carborundum

 

 

 

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The property has not been sold.

The agent confirmed in writing their instruction was only for lease.

That is all they are allowed to sell.

The lender is trying - via Notice - to purchase the fh.  But the fh is not for sale/ doesn't have to be sold - even with Notice.   Agent was advised this in writing.

Yet agent has been offering it for sale as fh.  This is obvious as an offer has been presented in writing to include fh....

The agent is a well-known brand - which i won't mention here

 

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Is it the Misrepresentation Act 67?

The agent is knowingly and deliberately advising potential buyers that they can purchase a fh which is not part of their instruction.

 

Yes - they are part of the property ombudsman scheme

Edited by HP Mum

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So how does this affect you please, HPMum? I got the impression it wasn't your property, I could be wrong.

 

HB


Illegitimi non carborundum

 

 

 

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It's mine.

I would like the agent to be aware of the legal implications of trying to market a property on the wrong tenure.   surely it is misrepresentation?

to be clear - they can only market/sell the lease.  the fh is not for sale

Edited by HP Mum

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So how are you involved if the property belongs to the lender, please?

 

HB


Illegitimi non carborundum

 

 

 

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I have sent you a message

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Thanks honeybee - once read my message - on the most basic level - should I just ask agent who instructed them to market/ offer the fh for sale?  and refer agent to 08 cpr and bpr?

Edited by HP Mum

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This isn't really my field, hopefully someone who knows more will see this thread.

 

My first thought is that as I see it, you don't have a relationship with either the agent or the estate agent, if you mean two different people. I'm not sure where you stand if you start talking to them.

 

HB


Illegitimi non carborundum

 

 

 

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The estate agent has written to me.  They advise they have an offer on the property - for the fh.  But they unequivocally know they are only instructed / can only sell the lease.  So  how can they write saying a prospective buyer is offering £x for the fh ?  

They can't.  Which is why I would like to point out they are misleading the prospective buyer? and misrepresenting the property?  That's why i wonder if I should suggest they take a quick look at the 08 cpr and bpr?

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Before threatening misrepresentation, have you pointed out that they were instructed to sell the leasehold only?

 

HB


Illegitimi non carborundum

 

 

 

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yes - 5 months ago in writing.  And the head of sales replied in writing acknowledging

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simplest thing to do is tell the agents that as they are not following your instruction you are removing the property from their agency.

What they are trying to do is dangle a carrot to prospective buyers to get more interest and it may be that is the only realisitc way they can gte a sniff of a sale.

why on earth was the freehold purchase ever mentioned?

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ericsbrother - its not quite as black/white as that.  But i get your drift about dangling carrots in front of buyers.

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I wrote to agent; asked for clarity on when instructed and by who to sell fh.   They have not replied yet.

I've read a lot of legal stuff over the weekend.  It seems they are completely wrong to offer it with no instructions. Intrigued how they reply...

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On 27/09/2019 at 10:49, HP Mum said:

The estate agent has written to me.  They advise they have an offer on the property - for the fh.  But they unequivocally know they are only instructed / can only sell the lease.  So  how can they write saying a prospective buyer is offering £x for the fh ?  

They can't.  

 

Irrespective of the rights and wrongs of what the agent is advertising if they receive an offer from a prospective purchaser who wants to buy the freehold as well they have a legal duty (under law of agency) to disclose to you that they have received the offer. Obviously you can reject the offer because don't want to sell the freehold.

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But that is the point - they are not instructed by the freeholder. The lender instructed them to sell the lease.  Neither the leaseholder nor the agent have any instructions to offer the fh.  It is completely outside of their remit.  Surely the agent has no legal duty to the freeholders - strangers - to disclose anything?

 

If you owned something and suddenly found out someone was offering to sell it behind your back - with no instructions, authority or means to actually sell it - wouldn't you not only be angry, but want to take action?

Edited by HP Mum

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HP Mum, are you (Or the person you are posting on behalf of) the LH, or FH?

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Rep for the fh

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Well, then, clearly you (you say you are the rep. For the FH : do you have authority to act as their agent?) are aware of the lender’s actions. Are you / the FH trying to make themselves unavailable? (see your other thread about service of notice!).

Are you in contact with the FH ?

 

Simplest resolution for the FH (or you,?if you have their authority to act) : contact the lender, remind them they have repossessed the lease (only) ......

Edited by BazzaS

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Both lender and agent know they can only sell the lease.

They also know the fh - by law - is protected and cannot be purchased.

So how can agent be accepting offer for fh from anyone? 

Aside from anything else -  agent is knowingly misleading potential buyer they can buy the fh.  They have no instruction/ authority to offer it.  Asked agent to explain when they took instructions (never!) and by who (no-one!).

Surely they are breaking some law and regulation?

 

Edited by HP Mum

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