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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4036
Experience:  Solicitor
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We have put in an offer for a property which is accepted.

Customer Question

Hello,
We have put in an offer for a property which is accepted. The estate agent has been chasing us for id and proof of address and want to keep copies of them in their office.
I've done some online research and have read a little bit about the money laundering act 2007. However, we see no justification for us as buyers to give them anything (partly because we do not trust them) since we are not even their client.
We have since then instructed our solicitors (who know us and they have already "harassed") and given contact details of our mortgage manager (whom is very happy to speak with them), there is absolutely no way that we are not who we said we are especially when we already have mortgages issued by The same bank. Oh by the way, valuation has already done on the property and we both have full British Passports.
Now, the estate agent said they won't pass on details of both parties' solicitors unless we give our personal details and let them keep copies of them. This feels like a threat, are they allow to do that? What is the role of estate agent in the conveyancing process and what are our obligation to the estate agent as buyers?
I am very tempted to ask them if their office is compliant to the Data Protection Act...this has to be relevant to them, right? For all I care, they can have a new manager tomorrow or move office tomorrow and our details could be in a bin bag by the road side the next day. How can I challenge them?
We are normally very cooperative and easy going (we have a letting agent managing a property for us already and we gave them copies of our id etc to keep, this we understand, as their client) but when a trade whom we have experience in the past as barely known for professional standard and integrity, we want to know where we stand.
Thank you.
Yours sincerely.
Two very annoyed buyers.
Submitted: 8 months ago.
Category: Law
Expert:  Jamie-Law replied 8 months ago.

Hello my name is ***** ***** I will help you.

What is it you want to achieve please?

Customer: replied 8 months ago.
Thank you for your response. We want to know where we stand in law, in the conveyancing process.
Customer: replied 8 months ago.
Well, we want to go ahead with the purchase bypassing the estate agent's "threat", the bot***** *****ne is we are ready to pull out, yes, I am not willing to be coerced into a deal to do something we are not required of by law.
Expert:  Jamie-Law replied 8 months ago.

yOrganisations are bound by money laundering regulations including estate agents.

This means they need to be satisfied as to the source of the money and that you are not here in the uk illegally.

Any data must be held secure. But if you are asking whether it is normal for them to ask for id documents, yes it is.

But they can not disclose them to anyone else (except for police etc) without your consent.

Can I clairfy anything for you about this otsay please?

Customer: replied 8 months ago.
How can I challenge them if they have the facilities to hold the document securely? Please take a read of my original question-essay. Are they bound by the Data Protection Act?We have no confidence in disclosing personal information to them, (I have already seriously bothered by their other branches about properties even though I haven't registered with them, I could get up to seven emails per day from one branch with which I have never registered), why are they allow to withhold solicitors' details ? They are not even in the conveyancing process.
Expert:  Jamie-Law replied 8 months ago.

They are bound, yes.

If they are registered with the ICO then they must be satisfied proper procedures and security is in place.

They are required to have copy id, i know my agents did as well when I purchased.

If anything happens you can sue for breach.

Does that clarify?

Customer: replied 8 months ago.
Are we legally obliged to give them the documents?
Expert:  Jamie-Law replied 8 months ago.

No.

Does that clarify?

Customer: replied 8 months ago.
You first said "they are required to have copy id." However, we are not legally obliged to give them. So, we do not need to satisfy their request. Can we demand the agent to proceed with the conveyancing?
Expert:  Jamie-Law replied 8 months ago.

Yes under Money Laundering Regulations. However if your Solicitor is going to be carrying out the same checks then you do not.

Yes you can demand the agent carries on.

If not, get an injunction to make them and teach these appalling people a lesson.

Does that clarify?