Estate agent requests bribe

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    Estate agent requests bribe

    I recently made an offer on a flat for 136k. By the time my offer was passed around the estate agent's office to the relevant person another person had their offer of 134k accepted by the vendor.

    The vendor very kindly (towards the other person making an offer) decided not to gazump him and stick with the offer he had accepted. Today however I got a phone call from the agent saying that "if there was something in it for him" he would brush the other purchaser off and pretend with the vendor that I was the offering the 134k. There is no doubt in my mind he was requesting a bribe. I refused - it would certainly be ethically wrong to engage in that practice. However I am interested to know what law binds estate agents behaviour in cases like this... surely what he wanted to do was illegal?

    Thanks

    #2
    I would think so. If they are a regulated agent (member of NAEA), there must be something in their code too.

    Are you sure they even put your offer to the vendor? (Could be part of the scam for all we know.)

    I think you should at least inform the office manager; its scandelous!
    All posts in good faith, but do not rely on them

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      #3
      Is this about rental property? If it is, what is question?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Originally posted by jeffrey View Post
        Is this about rental property? If it is, what is question?
        Did I make a dumb newbie mistake? I'd be grateful if a "senior member" like you could help me fix it. THanks, Pete.

        Comment


          #5
          pcb you are welcome to post here! Jeffrey is just a mardy bum! (love ya really!)

          It stinks to me, its quite possible your offer was never put forward to the vendor and this is the estate agents way of making a few extra quid. I would walk away from this agent but report them to the relevant authorities ie NAEA etc. I would then put the word out about the agent! Also put an anoymous note through the vendors door telling them what has happened. You may find they withdraw the property from the EA and place it elsewhere.
          GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

          Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

          Comment


            #6
            Originally posted by pcb21 View Post
            Did I make a dumb newbie mistake? I'd be grateful if a "senior member" like you could help me fix it. THanks, Pete.
            As this issue could relate either to a "buy to let" or a purchase for owner occupation it may be that Jeffrey felt it could be posted on a different forum on this website. As it also relates to ethics it might have been posted on Letting Agent Questions.

            I agree with justaboutsane the complaint should be referred to the agent's professional body - that is assuming the agent belongs to one!!

            It could be that the actions are illegal - might be worth having a word with the County Trading Standards Authority.

            I have posted a link to this thread on the Letting Agents forum

            Alleged bribe
            Vic - wicked landlord
            Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
            Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

            Comment


              #7
              I can remember buying a house in 1988 offering £8500 against the desired £8950. It was a two bedroomed ex miners house in Rotherham area which had been repossessed during the miners strike and remained empty for three years.

              Our offer was accepted and we proceeded to sell our own house to move into this one - half-way through the process the agents rang us up and told us that the previous intending buyer from 2.5 years ago had renewed his interest and that I would need to "top their offer".

              We did not want to lose the buy, so we agreed an uplifted offer. I cannot help thinking that the estate agents did a flanker - I dont think there was ever a second buyer and it was all b*llsh*t. However, we had the last laugh because in 1990 we sold that same house for £28500

              Comment


                #8
                pcb21: not trying to be horrid. Sorry!

                It strikes me that the apparently-crooked agent might have committed a criminal offence- Theft Act 1968 or Fraud Act 2006 come to mind, although this is not my specialist subject. Why not invite Police to consider situation?
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  The agent would be in breach of the The Estate Agents (Undesirable Practices)(No 2) Order 1991, and The Estate Agents (Specified Offecnes) (No 2) Order 1991 (as amended) which are criminal offences and within S.18 & 21 of the Estate Agents Act 1979.
                  The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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