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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was wondering if we could claim from an estate agent/auction

Resolved Question:

I was wondering if we could claim from an estate agent/auction house for not telling us to have a legal pack in place before going to auction - we were very 'green' about all this and just accepted that their advice would be correct and legal. Our buyers subsequently pulled out of the sale after 8 months of going back and forth getting title deeds etc sorted. We are now left with 2 properties empty of furniture as we sold practically everything, + all other goods are boxed up ready for storage.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Did you ever ask please?
Customer: replied 2 years ago.

We didn't ask at all, after they'd valued the properties and set the guide price, we were simply told to sign the paperwork and they'd get them in the auction catalogue straight away. We had chosen 'option 2' which was to exchange within 4 weeks and complete in a further 2, making it a 6 week term. When things started taking much longer, in one phone conversation I had with them, they said we 'should have had a legal pack done, as it is a requirement of option 1' (4 week to complete), I replied that we'd actually taken option 2 and that no-one we ever spoke to had ever told us we needed a legal pack, if they'd asked, we would have done one. They then replied that 'oh well it doesn't matter now as it would have taken this long to do it anyways'.

I was actually going to write a letter of complaint to them, quoting various things said etc., just to see what their response would be.

Expert:  Ash replied 2 years ago.
How much would you seek to sue for?
Customer: replied 2 years ago.

We really don't know, it would be for the reasons of mis-advised in the first place, and then for all the inconvenience of not having much of a home left to live in as furniture was sold (keeping only a bed and sofa) and other household items packed away in boxes ready for storage. The loss of the sale is the main thing as now, we will have to continue to pay all the usual bills associated with having empty properties. Could you suggest a figure for something like this?

Please excuse my responses as I just decided on the spur of the moment this morning to seek advice on the matter so not that prepared!

Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex