Thank you for your enquiry.
As regards the legal position, if the Vendor agreed to sell the property to you with vacant possession, then they are clearly in breach of Contract if there was someone living there under a rental agreement. I guess that this rental agreement was never disclosed by the Vendors, which they should have done.
Your claim is therefore against the Vendors, and you need to decide whether it is worthwhile pursuing them bearing in mind what you have said about their position.
In order to make a claim, this would normally be done with the assistance of a Solicitor, but if you feel confident enough, you can issue Court proceedings yourself on line- https://www.moneyclaim.gov.uk/
As regards the Estate Agents, although it appears they did a shoddy job, there is no claim agianst them, I'm afraid. At the end of the day, it is the Vendors that were ultimately at fault, and any claim needs to be made against them.
I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.
Thanks for your reply. I'm afraid it is entirely down to the Vendors, via their Solicitor, to notify any Buyers Solicitor whether there is a Tenant/lodger in a Sale property, rather than the Agents.
The Contract you signed was between you and the Vendors, and therefore any claim you have has to be directed to the Vendors. You have no agreement/Contract with the Agents so there is nothing you can claim against them.
I am sorry this is not the answer you were looking for, but I hope I have assisted.
So, as i understand estate agency can sell whatever property they want without caring their clients and reputation, and the only way for us to get money back is to claim from the vendors.
From my point of view, this approach is general and can be applied to all similar cases. However, for us the situation we experienced are not general and something that not happens every months or even year.
I have mentioned earlier that we are assuming that the vendors in difficult financial situation (they are pensioners) and would not be able to pay this money back. If they will not pay, what other options are available then?
I am sorry you find yourself in this position, but I'm afraid the blame lies at the door of the Vendors, and not the Agents.
Yes, the Agents should know the full circumstances of any Sale, but it is down to the Solicitors to sort out the paperwork- the Agents merely act in negotiating the Sale, and all legal issues are dealt with between the Solicitors and the Agents take a back seat.
All you can do is pursue the Vendors.