Jump to content

What can i do with a Bias Estate Agent?


Recommended Posts

My ex wife and i are joint owners of an apartment which we have put up for sale. My ex commissioned the agent in my absence BUT did not explain the sale is part of a forthcoming divorce settlement. I made subsequent contact with the agent and have now discovered that my e mail exchanges with them have been forwarded to my ex, which to me is a breech of client confidentiality.

What can i do about the agent, who has a three months mandate and is there any re-dress???
Link to comment
Share on other sites

Unless skulduggery is afoot on the part of one party or the other I'm struggling to understand what's confidential about selling a jointly owned property [Www]

The agent obviously knew that it was jointly owned and unless instructed to the contrary would likely have included both of you as a courtesy so I don't see you have any complaint against him.

Edit: Exactly what redress would you be seeking, have you actually suffered a financial loss or been disadvantaged ?

Link to comment
Share on other sites

 If would be far more useful if you would answer the question!

With an attitude like that I doubt that many people will feel moved to bother [:(]

Are

you suggesting that somehow the agent will try to help your other

half?  How exactly?  Wouldn't a sale benefit you both?  In what way can

an agent be biased to one side, given that the legal work and there fore the proceeds are handled by the Notaire.

Or are you opposed to the sale ?  In which case if you have any title you presumably just won't sign..
Link to comment
Share on other sites

There are a number of issues:-

1, two offers have been recieved, i have not seen either in writing, although my ex has.

2. my e mails made it plain to the estate agent that despite being ordered by a court to market it for sale, i wanted to retain the property and until there was a final settlement and hence a sale would not go through quickly.
Link to comment
Share on other sites

Does the property belong to both of you ?

 When you say you want to retain the property, do you mean that you want to use it until it is sold or that you want to buy whatever portion of the property you do not already own ?

  Surely your ex is au fait with your point 2 ?

 As for point 1 is your wife legally in a position to sell without your say so ?

If the agent receives an offer of the asking price my understanding is that the vendor(s) are obliged to accept it.....

Link to comment
Share on other sites

1. The property belongs to both of us, as i say it is jointly owned.

2. It was an error by the court that it ordered that it marketed for sale, this was pointed out to the ex but she still proceeded with marketing it for sale.

3.The ex wants to sell it asap rather than wait for a final settlement and she is aware that i want to retain it and take over the mortgage.

4. No she canot sell without my say so.

5. The two offers i am told through her solicitors made to date fall way short of the asking price.
Link to comment
Share on other sites

Under the cosh, I realise that you are upset about this, but what quite startled me was the amount of detail that came up about our purchasers when they bought our house. On the paperwork we were informed of the amount they sold their property for, how much mortgage they had got, their marital status and ages, every thing.

We didn't need to know any of it. It seems that information is spewed out to 'anyone', so that your info was passed onto your ex does not surprise me at all.

I think that I would just tell them that I expect any contact between your self and them has to remain private and not to be forwarded to your ex at all unless indicated and that you want informing immediately about any offers, as you are joint owner.  In fact why don' t you just put an offer in anyway, get your notaire to do it for you, as you will need a notaire anyway.

Link to comment
Share on other sites

If your name is not on the mandate, I don't see how the agent can sell it.  Does the court order make this possible?

Did I understand you to say the court order was issued in error, meaning a sale cannot be forced by the court?  If so, did they issue a correction to the order.

I can imagine your anger/displeasure.  I do not know your circumstances, but I think I might just sit back and forget about it if I were you (continue to live in the property), unless the court IS in fact ordering the property sold.  If it is not, then your ex cannot sell it without your signature, so just sit tight.  No?

Link to comment
Share on other sites

Under the Cosh wrote:

2. It was an error by the court that it ordered that it marketed for sale, this was pointed out to the ex but she still proceeded with marketing it for sale.

 

In whose view is it an error of the Court? Yours?

Has the Court revoked its original decision? If not then the order stands.

Plus the only info is that you are divorcing. There have obviously been some problems and are these influencing your wife?

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

×
×
  • Create New...