Cheated by the estate agent

[blueagle]

I sold my house over a week ago and I've just found out the estate agent who sold my house conned me for £5k. I'll try to explain exactly what happened.
I had the house on for 235k, the buyer put the offer for £225. Agent rang me and told me and told me the buyer offered £222 and he also told me the buyer wanted to take £5k extra from the mortgage company so they would have money to spend on the house. I had no problem with that. Couples of days later I rang him and accepted the offer reluctantly. Then the survey was done and before the surveyor left I asked him if I had something to worry about and his reply was nothing major. But then agent rang me a week later and gave me the picture as if the house would fall down. He told me the buyer wanted to send builders to get a quote for repairs. I didn't have any problem with that so they came in and went back. Agent rang me and told me they've quoted 2k and I should drop the price or else sale would fall. Again I accepted this reluctantly because by then I had seen a house which I wanted to buy. Then close to the time of exchange he told me I should advise my solicitor to pay him his commission plus 5k extra which he'll be getting from buyer's mortgage company and then he'll pay the buyer.
I went to pick up my post last week and asked buyer if they had received their 5k. They didn't know what I was talking about and when I explained to them the truth came out. They had offered 225k. They never sent the builders in.
Since then I've tried to contact the agent to sort out the matter but they're just telling me different stories. First he told me he'll give buyer the cheque, then yesterday the manager told me at times they work in an "unorthodox" way.
I would like your opinion of what would you do if you were in my shoes? I feel I've been cheated and I'm wondering how many other people are being conned by estate agents like these guys. Thanks

[drhouse]

This doesn't sound unorthodox it sounds criminal. Never mind complaining I would go to the police. Surely your solicitor knows what amount was on the offer and how much they paid

[blueagle]

drhouse thanks for replying.
The estate agent told me not to tell my solicitor about the £5k which I didn't. But the good thing is we've a record my solicitor paid them £5k+his commission. I also have the contract which I had signed with the estate agent which shows the percentage he's charge as his commission.
I've already sent emails to Property Ombudsman and Trading standards. Would be calling police later today. I personally think estate agents like this have no right to be in this field.

[yetanother]

What rotten agents. Please let us know the outcome.

[blueagle]

Just to give you guys an update.
This particular estate agent isn't a registered member of Property Ombudsman and neither they're registered with National Federation of Property Professionals. So I'm left with Trading Standards. I contacted them last night and they've advised me to write a letter to the estate agent and give them 7 days period. I did that last week and I'm yet to hear from the agent. I know they won't respond. It'll be a slow process but I'll see it through. I just want my money back and more importantly want something in place so either this particular agent goes out of business or at least this doesn't happen to others. Thinking of contacting local newspaper to make people aware.

[Richard Webster]

If he told you not to tell your solicitor didn't you smell a rat?

[Kaz]

Surely the Estate Agent has commited the crime of 'obtaining money by deception' or whatever it's called and, as such, it is very much a matter for the Police IMO.

[blueagle]

Thanks for your input so far. Just wanted to update you all with what's happening right now. I contacted police last week and they've advised me as of now its a civil matter which they won't deal with. I've got their crime reference number if we need to involve police. I've received letter from the estate agent telling me they haven't done anything wrong so I'll be contacting Fair Trading Standards again today for the next steps.

[blueagle]

Further update. Just spoke with the Trading Standards and the rep who I had on the phone has advised me I basically have no chance of winning this. He's arguing the people who've been cheated are the buyer and the mortgage lending company. He's saying the buyer should fight for this. But I don't get it. Aren't we both £5k worst off because of this estate agent? Also if that's the case why his other two colleagues didn't tell me this.
Anyway he's advised me he'll contact the local fair trading standards and they'll "might" come back to me within 20 days.
I just don't understand where do I stand on this now? No wonder why so many companies in this country run business in dishonest way and more often than not they get away with it.

[drhouse]

I am now totally confused. What was the offer you accepted - 225 or 222 and what then was the 2K deducted from - the 225 or 222. What amount was paid to your solicitor ? Why would your solicitor pay over an additional 5K without asking you questions ? If he asked questions why did he not say this was highly suspicious or suggest that the buyer was committing an offence in defrauding the mortgage company.
If the buyer did not ask for a 5K cash back then it is you the money has been taken from. If he did ask for a cashback and didn't receive it then it is he who has lost the money. If the estate agent did nothing wrong then ask them what happened to the 5K they got in addition to their commission.