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29-06-2020, 19:04   #16
crumble_15
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I think most EAs ask for some type of proof of funds before accepting an offer.

IMO that's a reasonable request and covered by the "necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract"
Agreed, that to me seems understandable and reasonable.
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29-06-2020, 19:09   #17
MudHutInaRut
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We've been house hunting for the past month and most EAs have asked us verbally about our mortgage approval situation. Any bids we have placed have been accompanied by a copy of our AIP letter from the bank with all details blanked out (address, interest rate, term, and approval amount.)

Only one EA insisted that we show our AIP letter before a viewing and we refused. I can understand wanting to see some form of proof when lodging a bid, but to view a house is overkill in my estimation. It's also none of their business.
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29-06-2020, 19:29   #18
awec
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First time I've heard of an EA looking for AIP just to arrange a viewing.

Personally I don't see it as a positive development and I can't imagine for a minute that it's an approach that would stand up-to scrutiny against data protection legislation.
Pretty sure it's purely because of covid. Doing viewings is a lot more effort than it used to be, from a safety perspective better to only do it for serious buyers rather than tyre kickers.
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29-06-2020, 20:06   #19
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This is definitely covid related. I've been house hunting since the end of last year and they always asked if we were approved but never asked for proof. I've recently been asked for my AIP letter to make a viewing with one EA and when bidding for another and I blocked out the amount. They want to know if you are approved as there is a lot of demand for viewings at the moment and with the restrictions they can only have one couple in at a time for either 10 or 15 min. They just want to make sure the people viewing are not taking up time slots for people who are actually ready to buy. Again you do not need to let them know the amount you have been approved and for most EA just saying you have approval is enough but I have had to send AIP letter to one for a viewing. When our bid was accepted they then needed to see the AIP letter with the amount and the proof of funds which is understandable as they want to make sure they are accepting a bid from someone who has the funds and I had not problem with that. I don't think there is anything underhand really about this, they are just trying to make the most of their time. I would def say block out amount though. They should not have an issue with that and if they do then that's not ok in my opinion.
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29-06-2020, 21:11   #20
Homer
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OP, in your position I would be tempted to drop a quick query to the Data Protection Commission here: https://forms.dataprotection.ie/contact

They're pretty good at reminding organisations about their responsibilities and getting them to reconsider how much data is actually necessary.
And the EA would just say no a redacted version is fine. Absolutely nothing to do with GDPR. Its getting rid of time wasters and tyre kickers as previously mentioned. And if you or anyone else doesn't want to provide a redacted AIP letter for a property you are genuinely interested in then jog on. Market forces will prevail over that nonsense.
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29-06-2020, 21:52   #21
Graham
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Is there some "permitted for the purpose of excluding tyre kickers" clause that's been added to the data protection legislation recently?
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29-06-2020, 21:54   #22
Homer
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Is there some "permitted for the purpose of excluding tyre kickers" clause that's been added to the data protection legislation recently?
No. but if the prospective purchaser redacts their name from the AIP document then GDPR is not an issue.
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29-06-2020, 22:02   #23
crumble_15
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No. but if the prospective purchaser redacts their name from the AIP document then GDPR is not an issue.
But if you redact your name from the document, they cannot prove it relates to you?! So what's the point of looking for it?
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29-06-2020, 22:09   #24
Graham
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No. but if the prospective purchaser redacts their name from the AIP document then GDPR is not an issue.
I don't think data protection prevents you from volunteering any amount of your personal data so if you're happy to hand it over, you're free to do so.

Of course it would probably be prudent for the receiving organisation to decline it for data protection reasons
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29-06-2020, 22:18   #25
guyfawkes5
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When our bid was accepted they then needed to see the AIP letter with the amount and the proof of funds which is understandable as they want to make sure they are accepting a bid from someone who has the funds and I had not problem with that.
In this case, I would still say to tell them to email your bank advisor or broker who would then confirm you can pay the given bid without revealing your approval limit. There is still a small possibility the seller may try to push for more money after accepting (it happens, but maybe not necessarily in today's market) or the sale could fall through and you could get the same EA on a different property.
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29-06-2020, 22:19   #26
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Well you're the one who was banging the GDPR drum a minute ago telling them to get in touch with the data protection commissioner. Why do people have to complicate simple things? If you are genuinely (and that's the important bit) interested in buying a particular property and have AIP and are asked for it then redact your name/address and supply it That will be more than enough for most EA in my experience.
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29-06-2020, 22:27   #27
Graham
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Well you're the one who was banging the GDPR drum a minute ago telling them to get in touch with the data protection commissioner.
Correct, because I don't think an EA has any legal basis/justification for requesting such information for arranging a viewing.

At the same time I accept you're free to print out your bank statements and hand them to the staff in your local Centra should you so chose.

My opinion hasn't altered.
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29-06-2020, 22:35   #28
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Can anyone who has brought up the catch all "gdpr" issue, please explain to me what exactly is the gdpr issue in question and what part of the gdpr legislation is it in regard to.


Because so many people have zero idea of the precise nature of gdpr and what it relates to, others trot the phrase "gdpr" in every situation possible, but I've yet to see one of these people explain precisely what the gdpr issue is and back it up with a link.
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29-06-2020, 22:47   #29
Graham
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Have a read of the guidance to Requesting Personal Data from Prospective Tenants it's a really good summary.

I know it's geared to estate agents/landlords and tenants but the data protection principles are the same.
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29-06-2020, 23:30   #30
Darc19
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Have a read of the guidance to Requesting Personal Data from Prospective Tenants it's a really good summary.

I know it's geared to estate agents/landlords and tenants but the data protection principles are the same.
Can't see anything there relevant to this thread. That's about landlords and letting agents.

Here the agent simply wants to see bona-fides of the viewer.

The agent is not looking for pps or addresses or bank accounts or utility bills and does not seem to be looking to hold the information.

So I can't see any gdpr issue.

At the same time, the agent shouldn't need to see the amount either and maybe the banks should have a letter that can be used which does not have any figures.
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