Page 2 | AIBU to feel uneasy about our estate agent not taking the house off the market?

sweetestpotato · 2024-10-21T13:20:54+00:00

We recently had our offer accepted on a house in a best-and-final bidding situation. The house is substantial and survey and conveyancing fees will be expensive. We were told by the estate agent that all viewings would stop, but the property would remain on Rightmove and Zoopla until after the survey has been done, as per the vendor’s request. They reassured us no further viewings would take place. We’ve sent all the necessary documentation—proof of funds and our decision in principle (DIP)—and we emailed the estate agent on Friday asking if they could mark the property as “sold subject to contract” (SSTC) to reflect the commitment from both sides. We also offered for them to speak to our mortgage broker, who confirmed we're serious about proceeding. However, we’ve received no response from the estate agent since then. It was also us that had to chase the estate agent after we got the call that our offer was accepted in order to move things along. The estate agent has a sister company that they push for conveyancing and surveys and they have been in touch and pushy despite the inaction/silence from the estate agent. While I understand the vendor might want some security, we’re about to spend thousands on a surveyor and solicitors, and without some assurance on their end, it feels a bit risky. AIBU to feel uneasy and want them to take the house off the market (or at least mark it SSTC) now that we've provided everything? Has anyone else been in a similar situation? Would love some advice on how to handle this!

LondonPapa · 21/10/2024 22:40

sweetestpotato · 21/10/2024 19:53

Is this allowed? The EA keeps telling me its illegal for them to share other people's offers.

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They’re not obliged to tell you the amount, only that it is higher or lower.

Original poster

sweetestpotato · 21/10/2024 22:32

Changingusernameasalways · 21/10/2024 21:06

I honestly think it would have been less likely that you'd be gazumped if you'd sorted your conveyancer. 2 weeks after offer accepted and still not sent your conveyancer details to the EA, they're going to think you're not interested and keeping your options open/viewing other properties. As the seller I'd have said I'd be starting viewings again if you hadn't sent solicitors details within a week of offer accepted. You may still have been gazumped but it really is the norm for you to select a conveyancer very quickly and they normally won't take if off the market until they have those details and have sent the memo of sale. I've just sold my house so at the beginning of this process now and our buyers took 5 days to select a conveyancer and we were all getting concerned they weren't serious.

Sorry if I've misunderstood what you did during the last two weeks but it reads like you haven't done anything to progress other than ask them to mark it as sold. My estate agent said they keep the house on the market until the mortgage offer has been sent, otherwise you're missing out vital marketing time if your buyers pull out or have issues with funds.

We lost our first buyer after 4 weeks and stupidly I'd taken the house off the market thinking it would all go through. We didn't lose the money on the conveyancer though as they put our file on hold until we found our current buyers.

I feel like I’ve explained what we did in the past two weeks and that we did not mess around at any point and in fact felt it was the EA that was holding things up. Did you read the thread?

When we got the congratulations call from the EA, they told us that the seller found moving stressful and she wanted to slow down and that she wasn’t looking to exchange until late January. The EA said she would send us an email with all the documentation they wanted.

It took a week and lots of emails and calls from us until we got that email. In that time we had already prepared all the documents and sought out a surveyor and were in a position to proceed with our solicitor.

Once we sent all our documentation we the waited days to hear anything. That’s when we followed up with the email about it not being taken off the market yet.

We heard from the EA’s conveyancer and solicitor in the past few days despite them saying they would be in touch as soon as possible after the offer was accepted. And by this time we had already sorted our own independent ones.

We were very much the ones acting despite the EA blanking us.

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Changingusernameasalways · 21/10/2024 21:06

I honestly think it would have been less likely that you'd be gazumped if you'd sorted your conveyancer. 2 weeks after offer accepted and still not sent your conveyancer details to the EA, they're going to think you're not interested and keeping your options open/viewing other properties. As the seller I'd have said I'd be starting viewings again if you hadn't sent solicitors details within a week of offer accepted. You may still have been gazumped but it really is the norm for you to select a conveyancer very quickly and they normally won't take if off the market until they have those details and have sent the memo of sale. I've just sold my house so at the beginning of this process now and our buyers took 5 days to select a conveyancer and we were all getting concerned they weren't serious.

Sorry if I've misunderstood what you did during the last two weeks but it reads like you haven't done anything to progress other than ask them to mark it as sold. My estate agent said they keep the house on the market until the mortgage offer has been sent, otherwise you're missing out vital marketing time if your buyers pull out or have issues with funds.

We lost our first buyer after 4 weeks and stupidly I'd taken the house off the market thinking it would all go through. We didn't lose the money on the conveyancer though as they put our file on hold until we found our current buyers.

Original poster

sweetestpotato · 21/10/2024 19:53

BestEffort · 21/10/2024 19:43

I did this with my first purchase and the estate agent told them there was an offer of x amount and they needed to beat that if they wanted to buy it. I was furious. Luckily I was a cash buyer and first time buyer so no chain so if they had another offer I guess I was the best choice

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Is this allowed? The EA keeps telling me its illegal for them to share other people's offers.

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BestEffort · 21/10/2024 19:43

SquirrelRed · 21/10/2024 14:22

I wouldn't be happy with this either. Can you get a friend to ring and pretend they want to view it?

I did this with my first purchase and the estate agent told them there was an offer of x amount and they needed to beat that if they wanted to buy it. I was furious. Luckily I was a cash buyer and first time buyer so no chain so if they had another offer I guess I was the best choice

Original poster

sweetestpotato · 21/10/2024 18:15

Dotto · 21/10/2024 17:33

I think if I was a seller, who wanted to keep my property on the portals despite knowing my potential buyers had paid for a survey, and then I accepted a higher offer from a other party down the line (which I would only do if I had lost confidence in the buyers), I think it's only fair to offer to buy the survey report and reimburse the original buyers those costs.

Edited

If only everyone was as thoughtful and caring as you.

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Original poster

sweetestpotato · 21/10/2024 18:15

queenofthewild · 21/10/2024 17:35

We had exactly this scenario happen a few years ago. After asking around locally it seems this particular agent has form for this behaviour. Using best and final to get an offer on the table but making every excuse under the sun as to why they haven't taken the property off the market and delaying paperwork from their end.

As a result I will never touch this agent again. Not even if they were selling Buckingham palace for a pound.

I spoke to all the other agents in the area who were very sympathetic and were aware we were proceedable. They prioritised us to view properties as soon as they had them on their books and we ended up with a house in a much nicer location.

I know… i never want to have anything to do with this EA again. Unfortunately we are only looking in a small area and so are bound to have to interact with them again if we want to move.

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queenofthewild · 21/10/2024 17:35

We had exactly this scenario happen a few years ago. After asking around locally it seems this particular agent has form for this behaviour. Using best and final to get an offer on the table but making every excuse under the sun as to why they haven't taken the property off the market and delaying paperwork from their end.

As a result I will never touch this agent again. Not even if they were selling Buckingham palace for a pound.

I spoke to all the other agents in the area who were very sympathetic and were aware we were proceedable. They prioritised us to view properties as soon as they had them on their books and we ended up with a house in a much nicer location.

Dotto · 21/10/2024 17:33

I think if I was a seller, who wanted to keep my property on the portals despite knowing my potential buyers had paid for a survey, and then I accepted a higher offer from a other party down the line (which I would only do if I had lost confidence in the buyers), I think it's only fair to offer to buy the survey report and reimburse the original buyers those costs.

BuzzieLittleBee · 21/10/2024 17:20

I guess the 'best and final' thing wasn't that at all then. Your 'best' (and the one the vendor chose as best) wasn't actually the 'final' offer, if someone else's later offer was then accepted over yours.

I know technically no-one's done anything WRONG, but the best and final clearly wasn't done with the right intention (on their part, not yours).

At least you hadn't spent the money. And if you can't go any higher then it's all a bit irrelevant anyway - the other party could have put their now-higher offer in at B&F stage and you'd have been out of the running. It's just that you're now 2 weeks down the line.

Peonies007 · 21/10/2024 17:07

Belcherr · 21/10/2024 16:05

We're in the same situation with the house we are (hopefully) buying. I asked two friends to ring up and try and get a booking. They were both declined, yet the house remains on Rightmove. It's odd isn't it.

It's so if house sale falls through (35% do), the agent has a list of buyers that are interested.
When selling I had to really push my agent to mark it sold and later to remove it.
It's annoying though

Original poster

sweetestpotato · 21/10/2024 17:03

TiredCatLady · 21/10/2024 17:00

That’s rubbish OP - the best and final offer thing is a joke if it’s not actually best and final.

On a side note, I bought recently and the EAs wouldn’t update to SSTC until I’d appointed a conveyancer - I had one ready lined up so this wasn’t an issue and I had them appointed within 24 hours - as there was a chain already in play. Have a few ready to ring around and get the wheels in motion rapidly when you next make an offer. Also the homebuyers insurance was about £50 but gave the peace of mind in case the sale fell through.

Good luck on your house hunt.

Oh wow, I didn't even know about homebuyers insurance. Was there an excess on yours? That sounds like a good idea going forwards.

Thank you for your kind words.

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Original poster

sweetestpotato · 21/10/2024 17:01

Bushmillsbabe · 21/10/2024 16:52

I appreciate that you have been gazumped (sorry, that's rubbish, we had that happen about 4 times before we bought), but did you have your surveyor booked and proof sent to EA?
We were told viewings would continue until we had shown evidence of surveyor booked and paid for as proof of our intent to proceed. We offered and agreed sale before it even made it onto rightmove, so we knew we had to move quickly to get it secured, and they did then add SSTC once surveyor had been.
It is cut throat, especially in desirable areas near good schools.
Hope you find somewhere you love even more

No this is what we didn't do. I had a surveyor who had sent a quote and a date they would be available from and told the EA that but on Friday I emailed to explain that I didn't want to pay the couple thousand pounds until the property was listed as SSTC or under offer. The lack of communication from the EA following the initial call to congratulate us had me feeling uneasy and so I needed some show of comitment before invested heavily financially.

In hindsight I am glad I didn't or I would have just lost a couple grand with nothing to show for it. I don't think any of this was because I didn't do things quickly enough. In the end, someone with more money decided they didn't want to lose out and that's that. My only gripe is that it feels we were kept in the dark until the last minute but the EA denies this.

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TiredCatLady · 21/10/2024 17:00

That’s rubbish OP - the best and final offer thing is a joke if it’s not actually best and final.

On a side note, I bought recently and the EAs wouldn’t update to SSTC until I’d appointed a conveyancer - I had one ready lined up so this wasn’t an issue and I had them appointed within 24 hours - as there was a chain already in play. Have a few ready to ring around and get the wheels in motion rapidly when you next make an offer. Also the homebuyers insurance was about £50 but gave the peace of mind in case the sale fell through.

Good luck on your house hunt.

Bushmillsbabe · 21/10/2024 16:52

I appreciate that you have been gazumped (sorry, that's rubbish, we had that happen about 4 times before we bought), but did you have your surveyor booked and proof sent to EA?
We were told viewings would continue until we had shown evidence of surveyor booked and paid for as proof of our intent to proceed. We offered and agreed sale before it even made it onto rightmove, so we knew we had to move quickly to get it secured, and they did then add SSTC once surveyor had been.
It is cut throat, especially in desirable areas near good schools.
Hope you find somewhere you love even more

Notreat · 21/10/2024 16:50

sweetestpotato · 21/10/2024 16:46

Yeah I do get it. But some show of good faith by putting SSTC or under offer would have been all that was needed to show comitment from both sides. We have been gazumped now anyway so my initial post is redundant.

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House buying and selling is so stressful for everyone. The system here is crazy.
I saw after I posted that you had been gazumped so edited my post
I hope you find something soon as least you didn't waste money on surveys.

Original poster

sweetestpotato · 21/10/2024 16:49

m00rfarm · 21/10/2024 16:46

Best and final is not legally binding. You can go back and offer more if you want to. The agent has to put it to the owner.

I know, I know...

Doesn't make it any less heart breaking. I would rather have lost out initially than built up my hopes and dreams thinking I could really get it and then have the carpet swept out of under me though! It is a cruel, cruel system. The other couple clearly knew all this, offered less and then only when they didn't win the best and final went with a very high offer. The house was clearly to expensive for us in the end and I will learn to accept that. I knew not to get my hopes up but it happened anyway.

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Original poster

sweetestpotato · 21/10/2024 16:47

fruitbrewhaha · 21/10/2024 16:44

Oh arse. Something will come up, and you’ll look back and probably be glad this happened.

Plus, you’ll know where these bastards live.

Yes, I will now have to suffer driving past their wonderful in house in envy on my way to work 😂

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m00rfarm · 21/10/2024 16:46

Best and final is not legally binding. You can go back and offer more if you want to. The agent has to put it to the owner.

Original poster

sweetestpotato · 21/10/2024 16:46

Notreat · 21/10/2024 16:44

I can see it from both sides after having had a buyer who pulled out at the last minute. Because sometimes buyers are put off if a house has been taken off the market and then quickly put back on again. So some estate agents keep the house on the market until contract exchange, they don't accept viewings during that time but it means they are ready to go straight away if the buyer pulls out after a survey.

I'm sorry I have just seen that you were gazumped.
You have probably had a narrow escape as they were obviously not trustworthy.
I hope you find something else better soon.

Edited

Yeah I do get it. But some show of good faith by putting SSTC or under offer would have been all that was needed to show comitment from both sides. We have been gazumped now anyway so my initial post is redundant.

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Led921900 · 21/10/2024 16:45

Aw so sorry OP I was going to say in English law SSTC doesn’t actually mean anything anyway the seller can still pull out up to exchange of contracts. At least it came before you spent money on surveys.
It wasn’t meant to be I hope you find something soon!

fruitbrewhaha · 21/10/2024 16:44

Oh arse. Something will come up, and you’ll look back and probably be glad this happened.

Plus, you’ll know where these bastards live.

Original poster

sweetestpotato · 21/10/2024 16:44

m00rfarm · 21/10/2024 16:39

Chances were both offers came in more or less at the same time. The agent HAS to keep showing the property and putting offers to the owner by law. They have done nothing wrong. You just need to be super quick. If you offered well above asking and have been gazumped, then clearly the house was worth more than advertised and the ad attracted a lot of interest.

It was a great house. It went to best and final due to all the interest. We were picked originally two weeks ago. The EA says that only now, two weeks later, a couple that missed out by offering a smaller amount in the best and final have decided to pay a lot more.

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Notreat · 21/10/2024 16:44

I can see it from both sides after having had a buyer who pulled out at the last minute. Because sometimes buyers are put off if a house has been taken off the market and then quickly put back on again. So some estate agents keep the house on the market until contract exchange, they don't accept viewings during that time but it means they are ready to go straight away if the buyer pulls out after a survey.

I'm sorry I have just seen that you were gazumped.
You have probably had a narrow escape as they were obviously not trustworthy.
I hope you find something else better soon.

Original poster

sweetestpotato · 21/10/2024 16:43

Dotto · 21/10/2024 16:38

Yes I've edited my post after re-reading, apologies.

It's probably just as well, overall.

If you feel the estate agent has been punishing in their treatment of you, for not accepting their own recommended services, do report them, as it's illegal. Did they issue the memo of sale?

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No, not yet. We had done everything from our side and sent all our documents as soon as our offer was accepted but just hadn't heard anything back fro the EA. I even sent a follow up with our mortgage broker's details to see if that would help.

There's no way we could prove they were being unfair. I think in all honestly, they are probably being truthful and that another couple just offered loads more money after the best and final was over.

Thank you for your words and advice, I appreciate it.

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