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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello. I am trying to buy a house. I got a mortgage offer and

Resolved Question:

Hello. I am trying to buy a house. I got a mortgage offer and sign a mortgage deed already. My solicitors waiting the draft contract from the sellers solicitors. The property agency said to the seller, that buyers aplication for the mortgage was denied by the lender, and the seller said to the agency that he not going to sell the property any more. The agency lied to the seller about the mortgage, and the agency still say nothing to me. I think that the agency can not do like this, I think it is not legal. I spoke to the seller and he still want to sell the house to me, but he stop progress, because the agency said that I can not get the mortgage. Can I request any compensation from the agency? Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : I am not quite clear, what did the agency lie about?
Customer:

Hello. The agency lied to the seller that the buyer(me) did not get the mortgage.

Alex Watts :

Ok - what do you want to achieve?

Alex Watts :

Have contracts been exchanged?

Customer:

Hello. How the contracts can be exchanged if my solicitors did not get even the draft contract to start surveys? I want from You to tell me is it legal that agency lied to the seller about the fact that lender did not give me the mortgage?(that is not true) P.S. Do You know the whole process how solicitors working on conveyancing?

Alex Watts : Yes I am aware of how solicitors deal with conveyance.
Alex Watts : I need to understand, what is it you want to achieve? Is it compensation as per your question?
Customer:

yes, compensation from the agency

Alex Watts : How much are you seeking to recover? What expenses have you incurred?
Customer:

please, could you read this: Hello. I am trying to buy a house. I got a mortgage offer and sign a mortgage deed already. My solicitors waiting the draft contract from the sellers solicitors. The property agency said to the seller, that buyers aplication for the mortgage was denied by the lender, and the seller said to the agency that he not going to sell the property any more. The agency lied to the seller about the mortgage, and the agency still say nothing to me. I think that the agency can not do like this, I think it is not legal. I spoke to the seller and he still want to sell the house to me, but he stop progress, because the agency said that I can not get the mortgage. Can I request any compensation from the agency? We ask is it legal, what agency lied to both sides

Alex Watts : Yes I am asking what expenses have you incurred so I can work out how much you are entitled to recover.
Customer:

sorry, but we just want to know can the agency work this way and if theirs actions is not legal we want to meet them in the court.

Alex Watts : Yes I understand that. Is it illegal, no. They should not lie, this is potentially fraud by false representation.
Alex Watts : This is a criminal offence and potentially the Police can investigate and prosecute.
Alex Watts : But if you were to take them to court you could only claim compensation for the sums you have lost.
Alex Watts : Therefore if for example you had paid £500 on solicitor fees you could have claimed that £500 back with a nominal sum on top.
Alex Watts : But that is why I asked what you have spent, that would be the cost you can claim back plus a small sum on top.
Alex Watts : But really this is a matter for the police.
Alex Watts : I can outline the procedure of making a civil claim if you wish?
Alex Watts : Or can I clairfy anything else for you?
Customer:

what about the moral compensation? Is it matter for police in the criminal case or I can ask for moral compensation only during the civil process?

Alex Watts : you can only ask for compensation during the civil process not criminal.
Alex Watts : And a court is only generally going to compensate for what you have lost.
Customer:

Thanks. It all I wanted to know. Just one more thing. What law protect me as a customer(consumer) from the fraud?

Alex Watts : fraud act 2006
Customer:

Thanks. Any other law?

Alex Watts : Thats it for criminal law. You have contract law but that's common law so no Acts of Parliament
Customer:

Thanks a lot.

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