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Buachaill, Barrister
Category: Property Law
Satisfied Customers: 13246
Experience:  Barrister 17 years experience
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I recently dealt with an estate agent who broke section 9 of

Customer Question

I recently dealt with an estate agent who broke section 9 of the Resiential Estate Agent Code of Practice I feared that he had not submitted my offers and this was confirmed when he emailed me to let me know that the seller had accepted another offer...then went on to recall the offer I had made which was not the offer i had made at all and was much lower This was 2 days ago.. is there anything I can do to stop the process of sale
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: As it was aquired unfairly and I was not given a fair chance to aquire the property
JA: Have you talked to a lawyer about this?
Customer: As yet I have not I have only just been made aware that he clearly broke code of practice and wondered if this meant there was something I can do
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Im very very upset as I desperately wanted the property and was willing to pay more than it was eventually sold for as the estate agent did not let me bid up
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
I would like to add that the offer he refereed to in his email to me after the property had been sold to someone else, was a figure that he had told me the seller herself had requested to close the deal. This figure did not lead to the deal being closed in the end and I subsequently made a higher offer which I do not believe he made hence he refers to the lower figure I mention previously
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 year ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Buachaill replied 1 year ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 1 year ago.

1. You have a series of remedies available to you here for what the estate agent did. The primary remedy if you still want the property is to go to court and seek an injunction preventing the sale of the property you wanted from going ahead because the estate agent interfered in the creation of contractual relations between you and the seller to the benefit of the estate agents' favoured purchaser. This will allow you to directly attack the sale contract and get it set aside. However, you need to act quickly to gain this remedy as it will not be available to you if you delay or if the sale documents are completed. Additionally to getting the contract for sale set aside, you can sue the estate agent for money damages and legal costs you put to loss in establishing your rights. However, here, you need to act promptly and hire a solicitor to issue legal proceedings for an injunction and damages and to set aside the contract for sale. Be aware that you would normally hire a barrister to draft proceedings and to handle the case in court.

Expert:  Buachaill replied 1 year ago.

2. Your other remedies which are available to you are regulatory whereby you make a complaint to both the Property Ombudsman and the National Trading Standards Estate Agents Team about the conduct of the Estate Agent in this case. This can essentially lead to the revocation of the estate agents licence under the Estate Agents Act, 1979, for his behaviour in not passing on your offer to the seller. Be aware that they can issue a Direction as to what the estate agent should do to remedy the bad behaviour. But these remedies do not prevent the sale going ahead but are limited to attacking the conduct of the estate agent with his regulatory authorities.

Expert:  Buachaill replied 1 year ago.

3. Thank you for using the website. If you require further clarification, I will be happy to help. Please use the buttons at the top of the screen to Rate or Accept the answer as otherwise your Expert remains unpaid by the website despite answering your question.