my Leasehold/Freehold property and its issues.

[Ethel Street]

On 27/09/2019 at 10:49, HP Mum said:

The estate agent has written to me.  They advise they have an offer on the property - for the fh.  But they unequivocally know they are only instructed / can only sell the lease.  So  how can they write saying a prospective buyer is offering £x for the fh ?  

They can't.  

 

Irrespective of the rights and wrongs of what the agent is advertising if they receive an offer from a prospective purchaser who wants to buy the freehold as well they have a legal duty (under law of agency) to disclose to you that they have received the offer. Obviously you can reject the offer because don't want to sell the freehold.

[Ethel Street]

21 minutes ago, HP Mum said:

 

 

So how can agent be accepting offer for fh from anyone? 

Aside from anything else -  agent is knowingly misleading potential buyer they can buy the fh.  They have no instruction/ authority to offer it.  Asked agent to explain when they took instructions (never!) and by who (no-one!).

Surely they are breaking some law and regulation?

 

 

Surely the agent hasn't accepted an offer for anything? The offer is being made to you (via your agent) isn't it? Only you could accept or reject  it. The agent would very likely be breaching the law (of agency) if they didn't tell you they had received the offer. An agent is bound by law to report any offer to their principal - you - even if the offer goes beyond the agent's remit.

 

Reading through the whole thread I am unclear why you are seeking some legal redress. What loss have you suffered? If you are not happy with the service you are getting why not just terminate their agency and appoint another estate agent? People change their estate agent all the time if they are not happy with the service they are receiving. I've never heard of anyone seeking legal redress. If you are not interested in selling the freehold (or if it isn't yours to sell) just say no and decline the offer! Then terminate them and appoint a new agent.

Edited September 30, 2019 by Ethel Street

[Ethel Street]

I still don't understand why you are seeking 'legal redress' against the agent. What loss have you suffered? What would you expect to get redress for? Why are even bothering to get involved in this? Just tell the agent you aren't involved in the sale of the leasehold and the freeholder isn't interested in selling the freehold. Tell them again that that the freehold is not for sale and they should make that clear in their marketing. End of.

Edited September 30, 2019 by Ethel Street

[Ethel Street]

6 minutes ago, HP Mum said:

 

 

Ethel - both agent and leaseholder in possession had it in writing many months ago.  They have both sat on an offer for just lease - and they instead continue to market with the suggestion to buyers the fh is on offer for sale.  For clarity until lease is sold interest accrues, so the original tenant suffers.

 

Maybe the original tenant/lessee has suffered a loss because of the agents actions, maybe they haven't. We don't know enough to comment. But either way you don't seem to have suffered a loss or have any grounds for 'legal redress' against the agent. You've received an unsolicited offer for the freehold but you don't want to sell. Just say no! Then file and forget. Why are you getting more involved and talking about 'legal redress'? 

Edited September 30, 2019 by Ethel Street

[Ethel Street]

I'm just going to say this then bow out of this thread as you seem to me to be resisting advice given here because you want to pursue some legal action against the estate agent when you have no obvious legal status to do this. I really can't work out what you want to achieve.

 

You are not the leaseholder so any costs they have incurred because of wrongful acts by the agents (if there have been any) - eg delay in selling property because of incorrect sales particulars or failing to secure the property against damage - are a matter for the leaseholder &/or the lender who repossessed. Nothing to do with you, you have no legal standing in the matter and cannot seek legal redress yourself.

 

If there has been any misrepresentation which has caused financial loss to any prospective purchaser that is matter for them to pursue against the estate agent. Again, not something you have any legal standing in and not something that you personally can pursue for legal redress.

 

I really can't see what loss you have suffered yourself.

[Ethel Street]

Has the person they are looking for ever lived there? 

[Ethel Street]

15 minutes ago, HP Mum said:

Can a bank be deliberately obstructive and refuse to send data - requested via a sar  - under guise of their right to privacy....??

 

 

I have a feeling this was discussed much earlier in the thread, but maybe it was a different thread.

 

You can only make a Data Protection SAR for information about you. Not about someone else. So if you have made a SAR request for your relative's information the bank would be right to refuse it.

 

I haven't read back through the thread, but was there a reason why you couldn't get your relative to sign a SAR themself? You could draft it and send it off, just get them to sign it.

Edited April 3, 2020 by Ethel Street