Misleading Estate agent

[Paddy116]

Hi,

My wife and I purchased a property in November 2023. During the process, after having surveys carried out, we were advised that the property required a new roof.

We agreed (through the estate agent) that we were willing to split the cost of the roof with the sellers, however we did not have the cash upfront in order to pay for the repairs. In order to get things moving the agent advised that a retainer arrangement could be made whereby the solicitor holds back the sellers half of the money and transfers it to ourselves after completion.

We agreed to this with the agent and they advised that they had spoke to both sets of solicitors and that it was all sorted (via WhatsApp messages). They also confirmed over the telephone that there wasn’t anything we needed to do on this matter.

Completion roles around and we move in, however receive no notice of the money from the retainer for the roof.

We contacted the agent who stated they had confirmed arrangements with the solicitors, however the solicitors stated they had no record of such arrangements.

The agent has advised they would contact the seller to see if they will still honour the agreement but it seems they are not answering their calls, or are answering and saying they aren’t willing as the agent has advised the seller is not getting back to them on this.

Now I understand that it was naive of me to not confirm the arrangement with the solicitor at the time, but the agent stated it was all sorted and advised they had spoke with solicitors and there wasn’t anything further too do.

We are now £2,950 (total roof cost £5,900) out of pocket. My main complaint is with the estate agent for misleading us on this matter. I have advised them that if they do not resolve it then we will be making a formal complaint with them and then making a complaint via property redress scheme who they are a member of (https://www.theprs.co.uk/ - in order to make a complaint to them you must first complain to the agent themselves and give chance to respond. We have also stated that we will consider small claims court too if the matter cannot be resolved.

Does anyone have an experience of anything like this? What are our chances of getting anything from the property redress scheme or small claims court?

Thanks

[echat11]

Hi Paddy116

Welcome to LB

What you could do is send a SAR to the parties concerned, i.e. agent, solicitors etc. They have 30 days to respond with all the data they hold. You would think that because it's gone through solicitors it would 'hold water'.

https://legalbeagles.info/library/gu...ccess-request/

[islandgirl]

Could the agent have lied?

[echat11]

Could the agent have lied?

If that was the case, then the sellers would respond, saying 'it wasn't agreed', the fact that they aren't responding, says 'they agreed to it at the time', but it's been lost in the 'relief' that goes with 'house sale / buy' and they don't intend to follow through on paying the agreed sum.

[islandgirl]

I agree echat11 but I think the Agent may have lied about it being agreed with solicitors: "We contacted the agent who stated they had confirmed arrangements with the solicitors, however the solicitors stated they had no record of such arrangements."
The sellers probably did agree but now, with nothing in writing, there is little the purchaser can do in my humble opinion. I agree that an SAR is the next step too.

[echat11]

I agree echat11 but I think the Agent may have lied about it being agreed with solicitors: "We contacted the agent who stated they had confirmed arrangements with the solicitors, however the solicitors stated they had no record of such arrangements."
The sellers probably did agree but now, with nothing in writing, there is little the purchaser can do in my humble opinion. I agree that an SAR is the next step too.

True, hopefully, the SAR will throw something up. I can't understand the sellers 'silence'.

[islandgirl]

True, hopefully, the SAR will throw something up. I can't understand the sellers 'silence'.

I think I can - they probably verbally agreed something, it was never documented and there is no proof so now they just have to lie low and avoid paying. Bad faith but I do not see that any action could be taken unless the SAR shows otherwise!

[Pezza54]

Why didn't the OP just negotiate a reduction in the property price to cover the 50% cost of roof repairs. This is what most buyers would do.

[Pezza54]

Many years ago I agreed to buy a house that had fitted carpets included on the agents blurb. The seller later contacted me and said carpets were not included and he wanted a separate payment for them (one large wool carpet was nearly new). My solicitor and the seller's agent got involved and to prevent the sale falling through the seller's agent agreed to reduce his fee.
Could this be a similar situation? Except here, the agent having told the buyer that the seller was going to fund the roof repair separately, really intending to reduce his fee to the seller, has now changed his mind.

[CookieCrew]

You need to contact the property ombudsman as they are the governing body who regulate estate agents. In my experience estate agents lie through their teeth!