Estate Agent Duty of Care

[Sassy M]

We looked around a one-off new build and were all set to proceed with buying the house. An incidental chat with a neighbour opened a can of worms! Basically the builder has flouted the planning application in a number of ways and has not yet logded a retrospective application (as was requested by the council) or amendments to cover the more minor issues. There is a distinct possibility (advise the council) that there will have to be somewhat major surgery on the house to rectify the problems (neighbours are not impressed - so this will probably be pushed for from a number of directions). The builder was of course going to let us proceed with the sale - and only once we have started asking awkward questions has he started to own up - though of course advising that none of the issues will be a problem. ..

My question is as follows: Is there some sort of duty of care which binds estate agents to provide such information to us as the seller. If the agent was not aware of this - could this be considered negligence on his part for not asking the right questions in the first place? If he did know then is he negligent for not telling us? I realise that minor problems would not be aired to potential buyers - but for major issues that could lead to major cost/structural impact I would have thought that this would be a no-no! At the very least the agent's reputation would be at risk... Now that the estate agent is fully aware of the situation, I wonder whether he will advise other potential buyers?

[Hammer]

I doubt it very much. Estate agents exist just to match up buyers and sellers - there is very little in the way of regulation here, and don't forget technically they are employed by the seller, not the buyer. Your problems are what you pay solicitors for, not estate agents.

[Sassy M]

This is what I feared! I did realise that estate agents represent the seller and not the buyer (and would therefore have a tendency to turn a 'blind eye') but had just hoped that there might be some shred of protection for us poor buyers when major issues turn up! Alas it would seem that instead we are at the mercy of these rather unscrupulous characters!!!

[bednobs]

this is why buyers get solicitors and surveyors who find out problems like this. Yur expectation of estate agents are too high. They are just sales people, how would they even know about structural problems/snagging problems. For all they know, you could be willing to buy a house with problem because you intend to pull it down and build another one. Thats none f their business, and they shouldn't have to know/ care about that. Their job is to sell the house on behalf of the vendor and its the buyers job to find out about these things.
Now that the estate agent is aware, they may tell prospective buyers if they ask but they have no oligation to volunteer the info. how would the aents rep be at risk ... if you went ahead and bought it they count it as one of their sales, and if the vendor gets fed up and puts it on with someone else, then the problem is just moved elsewhere
Bear in mind ANYBODYcan be an estate agent

[Sassy M]

Thanks. Actually, we spoke to the estate agent again this morning and he advised that all prospective buyers will be informed of the situation - so I suppose it depends on the particular estate agent whether or not they will be up-front and honest with customers... but the bottom line is don't trust them to let you know the full story!

If we'd been told all the problems in the first place we would have felt much more comfortable about proceeding - it's the fact that our 'detective work' turned it up and the feeling that other murky secrets lie untold that makes us concerned... by the time the surveyor or solicitor has become involved the money spent has started to add up which is frustrating if it's all for nothing!

Suppose that's all just par for the course...