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Major problem when buying my property!

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  • Major problem when buying my property!

    This is my first post.
    I recently thought I bought a flat, to my surprise this is what happened.
    I went to view a property that I was really keen on, during the viewing I was told the flat next door was sold by the same seller (which has the same number on the door) and she couldn’t understand why because the flat I was viewing was much nicer. Soon after the viewing I placed an offer upon the flat that was accepted. I then went to my solicitors and asked them to construct a survey on my property which was done. It turns out the estate agents showed me into the wrong flat and the one I viewed and surveyed was actually sold however this did not come clear until after the deal was finalised. The estate agents breaking numerous rules from the ombudsman code of conduct. When I placed my offer the estate agents were apparently not clear to the sellers solicitor about the offer and them looking at the offer assumed it was the right hand flat I wanted which I have never seen before in my life as the left hand property was sold. That being done my solicitor had infront of them a survey for the property I wanted and the titles for a completely different property, however still process the deal. Through all this the estate agents were convinced I owned the left hand flat (the one I wanted) and the other client owned the right hand property however still gave the other client the keys for the left hand property.
    In the end I am left with no property and no accommodation which I believe is a breach of contract from the estate agents as they did not have my accommodation available on the settlement date and have left me without a home and hit financially at this crucial point of the year as the solicitors still have my money and I am still legal to a property which I have never seen before in my life.
    This story involves one of the biggest solicitors and biggest estate agents in Scotland.
    Any help in what action to take, the matter is being investigated howver to what standard as my solicitors may also be to blame.
    Thanks
    Last edited by property; 08-11-2008, 11:24 PM.

  • #2
    Phew!

    "I went to view a property ... during the viewing I was told the flat next door was sold by the same seller (which has the same number on the door) and she couldn’t understand why because the flat I was viewing was much nicer.

    By the same vendor/owner, or by the same selling agent? Who's the 'she' that you're referring to? Can we assume the flats were designated 22A and 22B, for instance - same number but some definite means of telling them apart?

    "...placed an offer upon the flat that was accepted. I then went to my solicitors and asked them to construct a survey on my property which was done. It turns out the estate agents showed me into the wrong flat and the one I viewed and surveyed was actually sold however this did not come clear until after the deal was finalised."

    The same estate agent was selling both flats and they showed you the sold one in error? So is the 'she' referred to above a representative of this agency? The flat surveyed here was the 'wrong' flat?

    "The estate agents breaking numerous rules from the ombudsman code of conduct. When I placed my offer the estate agents were apparently not clear to the sellers solicitor about the offer and them looking at the offer assumed it was the right hand flat I wanted which I have never seen before in my life as the left hand property was sold. That being done my solicitor had infront of them a survey for the property I wanted and the titles for a completely different property, however still process the deal."

    So there's been (a) a breakdown in communication between EA and solicitor, and (b) the solicitor wasn't thorough in checking titles? You say here the survey was for the 'correct' flat - the one you wanted, but a para earlier it was for the 'wrong' flat? Can you clarify, whether by A or B, Left or Right, which flat you viewed, which was described as sold, which was surveyed, etc?

    "Through all this the estate agents were convinced I owned the left hand flat (the one I wanted) and the other client owned the right hand property however still gave the other client the keys for the left hand property."

    Is the 'other client' another buyer? I'm not sure why we're talking about 'owned' here since you were a buyer at this stage....?

    "In the end I am left with no property and no accommodation which I believe is a breach of contract from the estate agents as they did not have my accommodation available on the settlement date and have left me without a home and hit financially at this crucial point of the year as the solicitors still have my money and I am still legal to a property which I have never seen before in my life."

    If they've 'processed the deal' for you to buy the 'other' flat, then don't you actually own that one, as opposed to the one you wanted? Or am I missing something?

    "This story involves one of the biggest solicitors and biggest estate agents in Scotland. Any help in what action to take, the matter is being investigated howver to what standard as my solicitors may also be to blame."

    Investigated by whom? The EA and solicitors (yours and theirs) mentioned above, or higher authorities?

    Your solicitor to blame? Their solicitor to blame? EA to blame? As the computers say in the Sci-Fi movies, "Insufficient Data. Clarify Input"

    I seem to have lost track of which flat was which when you switched between describing them as sold/unsold, right/wrong and left/right, I'm afraid .... and I'm still not sure if your survey was carried out on the right or wrong one, as you described it differently in two paras ...

    Comment


    • #3
      some things tough schedule

      Hmmm... Are you trying to reach my litle segment I have a nice joke for you) Did you hear that Miss Muffet and Saddam Hussein got together for a meeting last week to discuss their common problem? They both have Kurds in their whey.

      Comment

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