Estate agent withheld information re.dispute

Discussion in 'Legal & Regulatory' started by Jemima, Nov 18, 2019.

  1. Jemima

    Jemima New Member

    Hope I’m asking in right place!
    I tried to purchase a property - viewed it and then made an offer. During viewing I asked the vendors about the neighbours living in the other semi detached property and the vendors said there were no problems. Estate agent never mentioned anything.
    I paid for an expensive survey as it’s an old property (grade 2 listed) and the surveyor warned me that there had been a big, expensive legal dispute between vendor and neighbour years ago and as a result they were on bad terms with each other (also the issue of shared septic tank and the fact they weren’t talking made shared management and costs difficult.
    Vendors aren’t moving away but moving to the third property next to the two semi detached properties, so aren’t moving away.
    I don’t want to be living in the middle of two families who hate each other - I wish the estate agent had told me! It would be different if the vendor was moving away. I phoned estate agent to ask if they knew there had been a dispute and they said the vendor had said they don’t speak to neighbour because of a row. Would I be right to complain to the ombudsman? Had the estate agent bothered to tell me this I wouldn’t have made an offer nor spent money on the survey!
     
  2. Conrad Paton

    Conrad Paton Member

    Hi

    You asked the vendor, but did you ask the estate agent at the time of your visit?

    You can always complain to the ombudsman anyway, but I think they would prefer you to complain to the estate agency first before they act.

    Hope this helps

    Conrad
     
  3. lookinginvest

    lookinginvest Member

    The estate agency may offer you some compensation if they are found to have been at fault. Did you get any of this down in writing or email?
     
  4. Jemima

    Jemima New Member

    The estate agents never attended the viewings and left it up to the vendors!

    Not in writing unfortunately but after the agent confirmed there had been a falling out I withdrew my offer. I’ve complained to the agent and they’re adamant they’ve not done anything wrong, and have now submitted a complaint to TPO but have realised the estate agent are informing the vendors of everything I’ve said in my complaint and each time I email the agent they are passing on what I’ve said to vendor (we had an abusive and threatening phone call from vendor once estate agent told them about complaint, therefore I emailed agent to say I didn’t want any further contact, the agent then sends me an email from the vendor after telling them I’d said no contact). The complaint has absolutely nothing to do with the vendor and that’s not to mention the issue of forwarding /sharing my emails! I regret going near this estate agent!
     
  5. Its sounds as though you have been caught in the middle of a crossfire! There must be a data protection issue here?
     
  6. Jemima

    Jemima New Member

    That’s what I’m wondering now too. Trying to find answers online and apparently an email has copyright once sent so in theory the agent needed my permission to discuss the contents of my correspondence with the vendor - wonder what the ombudsman will make of it as I’ve now suffered aggravation and distress as a result of their actions! Not sure the ombudsman will take kindly to the agent sharing details of my complaint to someone who’s not a party to the complaint either! Nightmare estate agent :eek: my reckoning is the agent wants to pass the buck so is involving the vendor to save their skin, they passed on an email from vendor and vendor was throwing big words around and trying to threaten legal action against me for...who knows what? Not purchasing a property? Lol!!!
     
  7. Conrad Paton

    Conrad Paton Member

    Hi again Jemima,

    Ok you have complained to the Agent and got no where.

    Complain to the obudsman is the correct action to take.

    Keep yourself calm, stay focused on the facts and you should win this.
     
  8. FWL

    FWL Member

    Perfect advice @Conrad Paton

    Data protection is a huge issue at the moment and they could get into serious trouble.
     
  9. Jemima

    Jemima New Member

    :)Cheers guys. Will update when I hear back from ombudsman!
     
  10. lookinginvest

    lookinginvest Member

    Dont be put of if you are asked to provide what seems like a lot of paperwork/evidence to the ombudsman. Dont let them wear you down!
     
  11. Jemima

    Jemima New Member

    I’ve given them LOADS voluntarily, the agent lied to the ombudsman and said Me and vendor agreed a sale without them, therefore they have no responsibility for me taking a mortgage out and paying for the survey but I’ve got letters from the agent proving I actually made offer and had offer accepted through the agent...they’re either stupid, forgetful or just plain sly!
     
  12. Conrad Paton

    Conrad Paton Member

    I'd guess 2 out of those 3 options
     
  13. Jemima

    Jemima New Member

     
  14. Jemima

    Jemima New Member

    There was supppsed to be laughing faces there!
     
  15. FWL

    FWL Member

    Would be interested to hear how you get on with this one. Seems like you have a fairly strong case?
     
  16. Jemima

    Jemima New Member

    I think I have but I’ve not done this before!
    E.a is relying on the fact the dispute involved the vendors other property (the house they built by splitting their land which was originally all one) , my argument is it’s still relevant as vendors are basically selling property A and moving to property B (just feet from property A and the neighbours attached property) is of course any butter deserves to know they fell out with the neighbours! Just waiting for ombudsman’s verdict now. I quoted the code of conduct for estate agents, that they cannot ignore or suppress material information if they become aware of it. On top of the original complaint we now have data protection issues, lies and actions causing me distress and aggravation...looking forward to the ombudsman’s decision!
     
  17. Jemima

    Jemima New Member

    *buyer not butter!
     
  18. Sheila Allder

    Sheila Allder New Member

    I hate Estate Agents they are un-regulated thats why they don't care and so they take advantage. Good Luck
    I hope so. This is an unregulated industry so I wish you good luck. I Loathe Estate
     
  19. lookinginvest

    lookinginvest Member

    Many countries are now looking to heavily regulate the estate agent industry - as always, it tends to be just a few bad apples that spoil everything.
     
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