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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hello We bought a property last year, but unfortunately this

Customer Question

Hello
We bought a property last year, but unfortunately this acquisition did not bring us much happiness as we expected due to negligence of the vendors and in some way agency.
On the completion date, when we received a call from agency that property is ready for us, an agent informed us that there could be some people staying and adviced us to go and check if the property is vacant. They did not tried to resolve the problem and just said us sorry for what happened.
On the time we came there the property was vacant, but in a couple hours latter a man came with his own key and said that he rents a room there. He had a contract with the vendors. He lived there almost 1 months and all this time we were forced to rent a room somewhere and pay for council tax and mortgage.
All this year we tried to resolve this problem, but except outstanding invoice for a solicitors services we did not achieved anything. Moreover, the solicitor promised us to work on conditional fee agreement but since the men moved out he disappeared and year after sent us this invoice with outstanding balance, where was not enough information what for we should pay this £1000.
I would really appreciate if anyone could give us an effective recommendations on what would be best for us to get back money back that we spent during the time we forced to rant alternative living place and others expenses. Would it be better to complaint to estate agency for their unprofessional approach to their job or claim against the vendors ( whom we believe would not be able to pay us compensation due to their financial situation and health condition). Who regulates estate agencies and if there any regulations regarding our problem. Do we really have to pay solicitor if we are not happy with his service, on the day the event happened he called us first and offered his services, and if we are family with young child and on low income.

Regards

Nadezda Baletskaya
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hi there,

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.

Kind Regards

AL

Customer: replied 3 years ago.
We are aware about breach of contract, but what about consumption policy? Don't agency have responsibility on what they put on market and don't they have to investigate the quality and true about their product? Before putting this property on market why they did not check that there is lodger?
Expert:  Aston Lawyer replied 3 years ago.

Hi again,

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.

Kind Regards

AL

Customer: replied 3 years ago.

Hi there


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?


 


 

Expert:  Aston Lawyer replied 3 years ago.

Hi,

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.

Sorry.

Kind Regards

AL

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