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AgentPete

Capo Famiglia
Guardian
Full Member
May 19, 2014
London UK
Some people have very kindly been asking about my property situation… or more exactly, my lack-of-property situation. Here’s an update. And a lesson learnt.
As a bonus, there’s a moral quandary for you to ponder right at the end…
It all fell apart on Thursday. Over the past many weeks, I’ve slowly learnt that all was not as it seemed to be with the house I wanted to buy.
It started with the roof. Poking around in the attic, I nearly put my hand through one of the main beams. Rotten to the core. And it wasn’t the only one.
The survey confirmed it: the whole place needs a new roof. Thanks for telling me, estate agent. And thank you too, owner, for filling in the all-important legal form TA6 that’s supposed to declare important stuff like that. Without mentioning it.

What really killed the deal, though, was the kicker this week. It all started with that weird area at the back that no-one could get access to.
There used to be large open courtyard to the rear of the house - not unusual for old places. Well, at some point recently, the owner had applied for, and obtained, listed building consent to build over the courtyard and turn it into an extension of the main house. Sounds fine.
Except that what they built wasn’t remotely similar to what they got permission to build. Happens a lot, I’m told. Owners take a risk on it. They hope (mostly successfully) that the planning people won’t actually come round and inspect the finished work.
They’d actually done it once before as well – ripping out old windows and replacing them with plastic ones. They were unlucky that time, the planners found out, and took out an enforcement order against them to restore. Cost them a pretty penny to restore the self-inflicted damage.

Anyway, I kept on asking, asking and asking about that weird space at the back that no-one could get to. And I kept on getting brushed off with patronising answers that made no sense at all.
Eventually I took myself off to the planning office and got all the documents, tons of them. The documents the owner ought to have given me but didn’t.
It was very clear what they’d done.
So. This week, I told the owner that I knew, and gave them two options. Option one: I’ll stick to the price agreed, but they will have to make things good with the planners. Or option two, I’ll have 10% off the price and will shoulder the planning burden myself.
Turns out they found a third option, though.
They told me to xxxx xxx.
Which is why I’m scrolling on RightMove right now…

:) p.

PS The Moral. Without asking a load of dumb questions about that weird space at the back, I’d never have found all this out. Phew!

PPS The Moral Quandary. The house went back in the estate agent’s window yesterday. Should I inform the planning authority… and drop the owner right in it? There’s no upside for me if I did that. And I’m not a snitch. But it might stop someone else from buying an expensive mistake. Honestly, I don’t know.
 
Oh that sucks.
My son and his lady were trying to buy their first home, up in Kendal. They found a place they loved but it was the very top end of their budget.
The survey said they’d have to replace the roof within the next five years, or sooner if there was a big storm.
They tried to get quotes for the work, and then tried to renegotiate the price of the house, but the sellers did the same as they’ve done to you. Wouldn’t budge, and pulled the plug.
My son is now happily buying the house two doors down from the dodgy-roof one. It’s 10 grand cheaper, already has a loft conversion and extra bathroom, and the survey says there’s nothing wrong with the roof.
So keep looking, even though it is wearisome. Your new home is out there. But it’s taking its time to introduce itself.
Xx
 
Some people have very kindly been asking about my property situation… or more exactly, my lack-of-property situation. Here’s an update. And a lesson learnt.
As a bonus, there’s a moral quandary for you to ponder right at the end…
It all fell apart on Thursday. Over the past many weeks, I’ve slowly learnt that all was not as it seemed to be with the house I wanted to buy.
It started with the roof. Poking around in the attic, I nearly put my hand through one of the main beams. Rotten to the core. And it wasn’t the only one.
The survey confirmed it: the whole place needs a new roof. Thanks for telling me, estate agent. And thank you too, owner, for filling in the all-important legal form TA6 that’s supposed to declare important stuff like that. Without mentioning it.

What really killed the deal, though, was the kicker this week. It all started with that weird area at the back that no-one could get access to.
There used to be large open courtyard to the rear of the house - not unusual for old places. Well, at some point recently, the owner had applied for, and obtained, listed building consent to build over the courtyard and turn it into an extension of the main house. Sounds fine.
Except that what they built wasn’t remotely similar to what they got permission to build. Happens a lot, I’m told. Owners take a risk on it. They hope (mostly successfully) that the planning people won’t actually come round and inspect the finished work.
They’d actually done it once before as well – ripping out old windows and replacing them with plastic ones. They were unlucky that time, the planners found out, and took out an enforcement order against them to restore. Cost them a pretty penny to restore the self-inflicted damage.

Anyway, I kept on asking, asking and asking about that weird space at the back that no-one could get to. And I kept on getting brushed off with patronising answers that made no sense at all.
Eventually I took myself off to the planning office and got all the documents, tons of them. The documents the owner ought to have given me but didn’t.
It was very clear what they’d done.
So. This week, I told the owner that I knew, and gave them two options. Option one: I’ll stick to the price agreed, but they will have to make things good with the planners. Or option two, I’ll have 10% off the price and will shoulder the planning burden myself.
Turns out they found a third option, though.
They told me to xxxx xxx.
Which is why I’m scrolling on RightMove right now…

:) p.

PS The Moral. Without asking a load of dumb questions about that weird space at the back, I’d never have found all this out. Phew!

PPS The Moral Quandary. The house went back in the estate agent’s window yesterday. Should I inform the planning authority… and drop the owner right in it? There’s no upside for me if I did that. And I’m not a snitch. But it might stop someone else from buying an expensive mistake. Honestly, I don’t know.
I'd inform the planning authority.
This person is clearly a scam artist with a track record of breaking rules to suit themselves. Time karma caught up with them lest some poor soul who really can't afford to be gets saddled with it. Cost of living crisis and all that. Surprise problems like this can could be ruinious
 
Some people have very kindly been asking about my property situation… or more exactly, my lack-of-property situation. Here’s an update. And a lesson learnt.
As a bonus, there’s a moral quandary for you to ponder right at the end…
It all fell apart on Thursday. Over the past many weeks, I’ve slowly learnt that all was not as it seemed to be with the house I wanted to buy.
It started with the roof. Poking around in the attic, I nearly put my hand through one of the main beams. Rotten to the core. And it wasn’t the only one.
The survey confirmed it: the whole place needs a new roof. Thanks for telling me, estate agent. And thank you too, owner, for filling in the all-important legal form TA6 that’s supposed to declare important stuff like that. Without mentioning it.

What really killed the deal, though, was the kicker this week. It all started with that weird area at the back that no-one could get access to.
There used to be large open courtyard to the rear of the house - not unusual for old places. Well, at some point recently, the owner had applied for, and obtained, listed building consent to build over the courtyard and turn it into an extension of the main house. Sounds fine.
Except that what they built wasn’t remotely similar to what they got permission to build. Happens a lot, I’m told. Owners take a risk on it. They hope (mostly successfully) that the planning people won’t actually come round and inspect the finished work.
They’d actually done it once before as well – ripping out old windows and replacing them with plastic ones. They were unlucky that time, the planners found out, and took out an enforcement order against them to restore. Cost them a pretty penny to restore the self-inflicted damage.

Anyway, I kept on asking, asking and asking about that weird space at the back that no-one could get to. And I kept on getting brushed off with patronising answers that made no sense at all.
Eventually I took myself off to the planning office and got all the documents, tons of them. The documents the owner ought to have given me but didn’t.
It was very clear what they’d done.
So. This week, I told the owner that I knew, and gave them two options. Option one: I’ll stick to the price agreed, but they will have to make things good with the planners. Or option two, I’ll have 10% off the price and will shoulder the planning burden myself.
Turns out they found a third option, though.
They told me to xxxx xxx.
Which is why I’m scrolling on RightMove right now…

:) p.

PS The Moral. Without asking a load of dumb questions about that weird space at the back, I’d never have found all this out. Phew!

PPS The Moral Quandary. The house went back in the estate agent’s window yesterday. Should I inform the planning authority… and drop the owner right in it? There’s no upside for me if I did that. And I’m not a snitch. But it might stop someone else from buying an expensive mistake. Honestly, I don’t know.
Bummer. Same nonsense here in the states. Strict rules but.... what the hell is wrong with people?
 
I was lucky I first bought in the US in a state where there were all kinds of buyer protections. There your sellers could be prosecuted for not telling. Someday when we're telling property war stories I'll tell you about the houses we found out about just in time and the estate agents who said they were "buyers agents." Hint: There is no such thing. In the end I found the perfect house for sale by owner in the neighborhood I wanted. The agent had even approached the owner to try and get her to list it because she knew it was EXACTLY the house I was looking for.
Apparently the market is turning. Fingers crossed. I think you ducked a bullet. I dont suppose they d sell you the rectory. Or at least give you a 30 year lease?
 
PS The Moral. Without asking a load of dumb questions about that weird space at the back, I’d never have found all this out. Phew!

PPS The Moral Quandary. The house went back in the estate agent’s window yesterday. Should I inform the planning authority… and drop the owner right in it? There’s no upside for me if I did that. And I’m not a snitch. But it might stop someone else from buying an expensive mistake. Honestly, I don’t know.
What about innocently remarking on what a close call you had while in the planning office?
 
Thank you for sharing this cautionary tale. Perhaps someone else won't go through hell because you did. Still rather shitty, tho'. I hope you find something else soon.

About this...

The Moral Quandary. The house went back in the estate agent’s window yesterday. Should I inform the planning authority… and drop the owner right in it? There’s no upside for me if I did that. And I’m not a snitch. But it might stop someone else from buying an expensive mistake. Honestly, I don’t know.

Fuck 'em. Don't waste morality on someone who clearly doesn't possess any.

If you inform the agency about the Planning Authority shenanigans, wouldn't that legally bind them to disclose the noncompliance to all future buyers?
 
I'd snitch. Serves 'em right for being crooks. And rude! Save the next person from a similar fate or worse.

I bought my cottage because I fell in love with it. Weirdly, here, you only get the title deeds after you've bought the house. The title deeds revealed a tiny patch of next door's patio (about a square metre) belongs to me.
The boundary issue came to pass a number of years ago when two neighbouring women did a bit of a land swap (excambion) to separate the shared part of two gardens. Unfortunately, the lady on my half promptly died and the lady on the other half promptly married a bully who did a land grab off the ageing, grieving widow. Somehow, in the proceedings, bully neighbour managed to make old gent sign an agreement to move the access gate between the gardens, and narrow it to 450mm!, to a place where on their side it would open at the top of an 890mm high wall (if the bully hadn't nailed said gate shut!)
Two owners later, I appeared with title deeds, but same bully man also had aggressive dog so there was no way I could have used the access gate even if it was feasible to do so. I told him I'd be addressing the problem once their dog became deceased. Well, they moved out before then after their dog attacked a woman across the street (who turned out to be a visiting vet and witnessed by me, a behaviourist. It went to court. Bully man decided to defend himself and dog. He didn't stand a chance).
So now they live in England somewhere and want to sell the Scottish cottage, but buyer (subject to contract) won't sign the contract until the boundary issue is sorted. I'm sitting tight. I don't need the patio outside their extension, but I'm not signing it over until bully man agrees to make the access gate at least 600mm wide (present legal minimum) and move it to a mutually convenient place. And the law is on my side as an access gate must be both usable and accessible (condition of easement). Buyer has given seller until 1st Oct to sort out the boundary or the sale is off. So will bully man get off his high horse and acquiesce? Or lose the sale?
(In the meantime, part of the fence fell down, so I can at last wheel the gardening bin back and forth without having to carry bags of gardening through my house. I'll also be able to take log deliveries to the back garden log store without having to lug shopping bags of logs through the house. An access gate will be a godsend on rainy, muddy days.)
 
Sounds like a lucky escape! Though there were probably some good stories buried in that back garden, lol. And brings home a couple of 'home truths' to me: 1) Buyer beware and 2) always trust your gut.
P.S. When we recently bought our house, there were a TON of things wrong (still struggling with many of them) but they were all mostly aesthetic. The bones are sound and, most of all, we both got that feeling that said 'this is the place' the first time we walked through the door.
 
If you inform the agency about the Planning Authority shenanigans, wouldn't that legally bind them to disclose the noncompliance to all future buyers?
That’s a really interesting point. In a word, yes.

Legal requirements concerning misrepresentation have tightened in the UK in recent years, before then, it was “buyer beware” with very little comeback. “If you buy a pig in a poke, that’s your own fault for being a sap” was pretty much the law’s view.

However, this legal strengthening doesn’t seem to be reflected in the everyday experience of buyers, both me and others who share their experiences online. In my case, the agent clearly did know about the roof – I discussed it with him after I found out, and he obviously was in the know from the outset. But he didn’t feel the need to disclose.

At the same time as legislation appears to protects buyers a bit more, it also seems that standards have fallen. So the legislation isn’t working… or maybe it has no teeth.

One of the most basic legal requirements is that an agent must pass on offers to the client. In my own experience, that demonstrably didn’t happen (another abortive purchase). I won’t witter on about that one, but it was quite enlightening, you’d wonder why on earth agents wouldn’t pass on offers - but there are reasons.

My overall view is thst agents basically operate in near-Wild West conditions here in the UK (not sure about Scotland). Yes, there are laws, and no, they don’t get enforced.

Most agents I’ve dealt with are today little more than school leavers. They want to get rich quick. They know how business works, because they’ve watched “The Apprentice”. It’s all about screwing with the other party until you’ve got the cash out of them. They wear cheap suits (they’re professionals, after all) and they lie almost all the time. It’s the one thing you can rely on when dealing with them.
 
Some people have very kindly been asking about my property situation… or more exactly, my lack-of-property situation. Here’s an update. And a lesson learnt.
As a bonus, there’s a moral quandary for you to ponder right at the end…
It all fell apart on Thursday. Over the past many weeks, I’ve slowly learnt that all was not as it seemed to be with the house I wanted to buy.
It started with the roof. Poking around in the attic, I nearly put my hand through one of the main beams. Rotten to the core. And it wasn’t the only one.
The survey confirmed it: the whole place needs a new roof. Thanks for telling me, estate agent. And thank you too, owner, for filling in the all-important legal form TA6 that’s supposed to declare important stuff like that. Without mentioning it.

What really killed the deal, though, was the kicker this week. It all started with that weird area at the back that no-one could get access to.
There used to be large open courtyard to the rear of the house - not unusual for old places. Well, at some point recently, the owner had applied for, and obtained, listed building consent to build over the courtyard and turn it into an extension of the main house. Sounds fine.
Except that what they built wasn’t remotely similar to what they got permission to build. Happens a lot, I’m told. Owners take a risk on it. They hope (mostly successfully) that the planning people won’t actually come round and inspect the finished work.
They’d actually done it once before as well – ripping out old windows and replacing them with plastic ones. They were unlucky that time, the planners found out, and took out an enforcement order against them to restore. Cost them a pretty penny to restore the self-inflicted damage.

Anyway, I kept on asking, asking and asking about that weird space at the back that no-one could get to. And I kept on getting brushed off with patronising answers that made no sense at all.
Eventually I took myself off to the planning office and got all the documents, tons of them. The documents the owner ought to have given me but didn’t.
It was very clear what they’d done.
So. This week, I told the owner that I knew, and gave them two options. Option one: I’ll stick to the price agreed, but they will have to make things good with the planners. Or option two, I’ll have 10% off the price and will shoulder the planning burden myself.
Turns out they found a third option, though.
They told me to xxxx xxx.
Which is why I’m scrolling on RightMove right now…

:) p.

PS The Moral. Without asking a load of dumb questions about that weird space at the back, I’d never have found all this out. Phew!

PPS The Moral Quandary. The house went back in the estate agent’s window yesterday. Should I inform the planning authority… and drop the owner right in it? There’s no upside for me if I did that. And I’m not a snitch. But it might stop someone else from buying an expensive mistake. Honestly, I don’t know.
I'd inform the planning office in some way. They would have happily taken your money and left you in the poop. They will probably do the same to the next potential buyer.
 
PPS The Moral Quandary. The house went back in the estate agent’s window yesterday. Should I inform the planning authority… and drop the owner right in it? There’s no upside for me if I did that. And I’m not a snitch. But it might stop someone else from buying an expensive mistake. Honestly, I don’t know.

What a nightmare! So sorry, Pete. Re. the quandary, I think you have to tell the planning authority. The only logical reason why they picked Option Three was because they're fully intending to con the next buyer the same way they tried to con you. And they'll keep trying it on until they succeed.

So either a) the sellers, who are crooked as they come, pay for their own mistake, or b) some trusting but innocent soul will be forced to.

There doesn't seem to be an option c) where nothing bad happens to anyone or I'd happily endorse it.
 
Which is why I’m scrolling on RightMove right now…
Oh, that's a bad one. As someone who is – finally – set to move next week (and who should be frantically filling boxes...) I really feel for you. What total stinkers.

How did they imagine they could keep you indefinitely out of a part of the property you were buying...? Just not feasible, not to mention legal, professional.... et al.

I think your '10% off and we'll fix it' was astonishingly reasonable, considering how hard, and expensive, the fixing is likely to be. Some time in the future, probably some long time, you are going to say, 'You know, we were well out of that.'

And yes, since you have all the documents from the planning office, and you've seen the place, even from a distance, I think you should have no qualms at all about pointing out the difference, officially, to someone in authority.
I'd be thinking about reporting the estate agent to somebody, too, because he/she/they was/were clearly, if not actually complicit, then doing a very slipshod job of work. Turning two blind eyes while extending a grasping hand.
 
an agent must pass on offers to the client
I've been done that way here in Italy with the first property I wanted. An agent didn't pass on my offer, though we'd discussed it in his office at some length.

Later I worked out the agent had just been using my interest to force clients he already had to put a bid on the table, then raise it. Which he didn't disclose to me – didn't legally need to since I had not made a formal, written offer, witnessed by a notaio...

All the while telling me I didn't need to make a formal offer.

I didn't know he was not legally obliged to pass on my offer until it was made formally. Morally, sure he was, absolutely – but he only told the other interested party.

When I lost the property, and worked out how/why – he only told me when the sale was too far gone to gazump – you can believe there was a simply epic row. I lost it almost completely and yelled at him. If we hadn't been in a public place (cafe) I'd have been hurling dishes at him. I haven't dared go back since.
 
I firmly believe these people are all in this together, even the Council. Having all the documents and not doing anything about it when it comes to a sale!!! And I don't believe when we are dealing with this kind of money someone is so naive as to simply hand it over and not check it out. Besides, if they are seeking a mortgage a buyer will be assured that all is ok since mortgages are not handed out if there is the slightest problem. Therefore, I think @AgentPete should save his energy for his own affairs and not waste further time with these hoodlums.
 
that weird space at the back that no-one could get to
Hmmm. I wonder how many bodies are buried there ....

Then again, if no-one can get to it, maybe none.

I kept on asking, asking and asking about that weird space at the back that no-one could get to. And I kept on getting brushed off with patronising answers that made no sense at all.
Maybe because a previous estate agent is out there under some earth.

A shovel in the night might unearth something ... someone ...

I need to stop watching TV.
 
Ugh, that really sucks, Peter. I know how stressful this whole thing has been for you and Peggy and I'm sorry it's come to this.

In answer to your moral conundrum, I would say the moral choice is to notify the planning authority and save some other potential buyer from being stitched up. It might feel like you're being vindictive, but that doesn't stop it being the moral choice. You get to take revenge on the slippery owner while also maintaining the moral high ground. It's not much of a compensation for the time, money and stress you've spent on the place, but at least you get to feel sanctimonious, which is something I suppose!

I kept on asking, asking and asking about that weird space at the back that no-one could get to. And I kept on getting brushed off with patronising answers that made no sense at all.
Eventually I took myself off to the planning office and got all the documents, tons of them.
And this, people, is one of the secrets to Peter's success as a literary agent.

He never gives up.
 
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I was lucky I first bought in the US in a state where there were all kinds of buyer protections. There your sellers could be prosecuted for not telling. Someday when we're telling property war stories I'll tell you about the houses we found out about just in time and the estate agents who said they were "buyers agents." Hint: There is no such thing. In the end I found the perfect house for sale by owner in the neighborhood I wanted. The agent had even approached the owner to try and get her to list it because she knew it was EXACTLY the house I was looking for.
Apparently the market is turning. Fingers crossed. I think you ducked a bullet. I dont suppose they d sell you the rectory. Or at least give you a 30 year lease?
There are buyers agents. But that's because they're closely related, quite close friends, etc
 
Some people have very kindly been asking about my property situation… or more exactly, my lack-of-property situation. Here’s an update. And a lesson learnt.
As a bonus, there’s a moral quandary for you to ponder right at the end…
It all fell apart on Thursday. Over the past many weeks, I’ve slowly learnt that all was not as it seemed to be with the house I wanted to buy.
It started with the roof. Poking around in the attic, I nearly put my hand through one of the main beams. Rotten to the core. And it wasn’t the only one.
The survey confirmed it: the whole place needs a new roof. Thanks for telling me, estate agent. And thank you too, owner, for filling in the all-important legal form TA6 that’s supposed to declare important stuff like that. Without mentioning it.

What really killed the deal, though, was the kicker this week. It all started with that weird area at the back that no-one could get access to.
There used to be large open courtyard to the rear of the house - not unusual for old places. Well, at some point recently, the owner had applied for, and obtained, listed building consent to build over the courtyard and turn it into an extension of the main house. Sounds fine.
Except that what they built wasn’t remotely similar to what they got permission to build. Happens a lot, I’m told. Owners take a risk on it. They hope (mostly successfully) that the planning people won’t actually come round and inspect the finished work.
They’d actually done it once before as well – ripping out old windows and replacing them with plastic ones. They were unlucky that time, the planners found out, and took out an enforcement order against them to restore. Cost them a pretty penny to restore the self-inflicted damage.

Anyway, I kept on asking, asking and asking about that weird space at the back that no-one could get to. And I kept on getting brushed off with patronising answers that made no sense at all.
Eventually I took myself off to the planning office and got all the documents, tons of them. The documents the owner ought to have given me but didn’t.
It was very clear what they’d done.
So. This week, I told the owner that I knew, and gave them two options. Option one: I’ll stick to the price agreed, but they will have to make things good with the planners. Or option two, I’ll have 10% off the price and will shoulder the planning burden myself.
Turns out they found a third option, though.
They told me to xxxx xxx.
Which is why I’m scrolling on RightMove right now…

:) p.

PS The Moral. Without asking a load of dumb questions about that weird space at the back, I’d never have found all this out. Phew!

PPS The Moral Quandary. The house went back in the estate agent’s window yesterday. Should I inform the planning authority… and drop the owner right in it? There’s no upside for me if I did that. And I’m not a snitch. But it might stop someone else from buying an expensive mistake. Honestly, I don’t know.
Keep at it. Someone, some day, has to have an actual standing house for sale, and be willing to sell it. It is frustrating. I've bought and sold 5 houses, and can't say I've ever been a fan of process.
 
In that case, they agree to take 3 percent, instead of 6, to lower the price a bit.
Yeah that happened once. But they were both still sellers agents. I'd rather FSBO any day of the week. And when we bought about 1991 in KCMO the rate was ten to fifteen percent. No little dip into the profit.
 
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