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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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

89 replies

sweetestpotato · 21/10/2024 14:20

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!

OP posts:
wonderings2 · 21/10/2024 16:41

I wouldn't be happy with this either. Our sellers wouldn't take the house off the market until the the agreement in principal was received but the EA said he wouldn't be accepting any more viewings (and he didnt) but we were talking a matter of days surveys etc take far more time. I think they are hedging their bets 🤔

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.

Dotto · 21/10/2024 16:38

sweetestpotato · 21/10/2024 16:35

This is all assumptions and incorrect though.

We offered many times and dates but the EA said the seller couldn’t do any of them and when we asked for their availability we didn’t get it.

We had a solicitor as well. We were the ones to send all our documents before they were asked for. We had everything in place but hadn’t yet payed for a surveyor.

It was a very one sided affair and now I understand why.

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?

Lakeyloo · 21/10/2024 16:38

sweetestpotato · 21/10/2024 16:28

This is exactly what happened. Apparently a couple with a lot of money who lost out on the best and final decided to put in a vastly improved offer after ours was accepted in the best and final.

The EA says they can’t tell us what the offer is so there’s no way for us to match it either. We offered the most we could from the outset anyway so we probably shouldn’t try to stretch to go higher regardless.

It’s devastating because this house was special to us so we offered well above asking and the most we could afford from the get go. So our best and final was the same offer. We did everything in our power to strengthen our position. We were so happy when it got accepted and now feel cheated out of it by this system.

That's rubbish 🙁What do people not understand about the word "Final" ?!
In my experience, these kind of people usually end up gazundering the seller at the last minute, once its too late to pull out. The system is rubbish.
Lets hope they all get what they deserve and you end up with the house of your dreams.

sweetestpotato · 21/10/2024 16:35

Dotto · 21/10/2024 16:30

I do sympathise with the shock of being gazumped, it's horrible, but you were insisting on something that wasn't available, you hadn't actually progressed anything for two weeks, did you give them your solicitors details?

It's not totally surprising your seller and /or the agent lost confidence.

Edited

This is all assumptions and incorrect though.

We offered many times and dates but the EA said the seller couldn’t do any of them and when we asked for their availability we didn’t get it.

We had a solicitor as well. We were the ones to send all our documents before they were asked for. We had everything in place but hadn’t yet payed for a surveyor.

It was a very one sided affair and now I understand why.

OP posts:
sweetestpotato · 21/10/2024 16:33

m00rfarm · 21/10/2024 16:26

He is not your estate agent. He is being paid by the seller. Being gazumped does not necessarily mean you are going to lose the house. There is still a long way to go until the completion - anything could happen between then and now. Make sure the agent knows you are still interested, and then get going to find something better. Whilst remembering that the agent is NOT acting for you.

Yeah I was rather quiet and clearly upset on the phone. I didn’t want to hear their voice so ended the call quite quickly. When I’ve absorbed the shock a bit more in a few days, I will consider sending an email saying our offer is still there if things fall through.

I know it’s not the EA’s fault but I can’t help but feel angry towards them. They have been so bad at communicating with us, all the while pushing us to pay for their conveyancing and survey as soon as possible with the threat that the property won’t get taken off the market until we do pay.

I don’t know exactly when this other came in but by how long it took them to sit down with the seller to discuss previous offers (because of her age and that she doesn’t have a phone), I can only imagine they were purposefully being elusive as they knew they had another offer to push to the seller.

OP posts:
Dotto · 21/10/2024 16:30

I do sympathise with the shock of being gazumped, it's horrible, but you were insisting on something that wasn't available, you hadn't actually progressed anything for two weeks, did you give them your solicitors details?

It's not totally surprising your seller and /or the agent lost confidence.

sweetestpotato · 21/10/2024 16:28

Lakeyloo · 21/10/2024 16:23

Sorry to hear you've been through this. Best and final offers are an absolute joke. What's the betting one of the other parties has come back with a higher offer having been told they were unsuccessful. The agent will legally have to inform the vendor who possibly has family behind her calling the shots.
Obviously not meant to be and hopefully you'll look back having found something better, and be glad it didn't work out.

This is exactly what happened. Apparently a couple with a lot of money who lost out on the best and final decided to put in a vastly improved offer after ours was accepted in the best and final.

The EA says they can’t tell us what the offer is so there’s no way for us to match it either. We offered the most we could from the outset anyway so we probably shouldn’t try to stretch to go higher regardless.

It’s devastating because this house was special to us so we offered well above asking and the most we could afford from the get go. So our best and final was the same offer. We did everything in our power to strengthen our position. We were so happy when it got accepted and now feel cheated out of it by this system.

OP posts:
m00rfarm · 21/10/2024 16:26

He is not your estate agent. He is being paid by the seller. Being gazumped does not necessarily mean you are going to lose the house. There is still a long way to go until the completion - anything could happen between then and now. Make sure the agent knows you are still interested, and then get going to find something better. Whilst remembering that the agent is NOT acting for you.

sweetestpotato · 21/10/2024 16:24

LlynTegid · 21/10/2024 16:12

I think expecting someone to update by mid-morning on Monday is a bit hopeful. If nothing say by Wednesday or Thursday, fair enough.

Sorry to hear about the gazumping.

Edited

Thank you.

To clarify, the offer was accepted almost two weeks ago. We have emailed many times and sent our official request that it be taken off the market on Friday.

OP posts:
Lakeyloo · 21/10/2024 16:23

Sorry to hear you've been through this. Best and final offers are an absolute joke. What's the betting one of the other parties has come back with a higher offer having been told they were unsuccessful. The agent will legally have to inform the vendor who possibly has family behind her calling the shots.
Obviously not meant to be and hopefully you'll look back having found something better, and be glad it didn't work out.

Hunnymonster1 · 21/10/2024 16:23

I have just had a quick research now thanks to this about gazumping didn’t realise that you should take out home buyers insurance so that you can get costs back if you needed to when things like this happen and that now 37 percent of house sales get gazumped and this lot want to change the law. https://hoa.org.uk/advice/guides-for-homeowners/i-am-buying/what-is-gazumping-how-avoid-it/

gazumping

Gazumping: What Is It? Is It Legal? - HomeOwners Alliance

What is gazumping? Is gazumping legal? How to REALLY avoid it happening to you, and what to do if you have just been gazumped.

https://hoa.org.uk/advice/guides-for-homeowners/i-am-buying/what-is-gazumping-how-avoid-it

Hunnymonster1 · 21/10/2024 16:18

Coldfinch · 21/10/2024 16:17

This!

I wouldn’t care about being „appropriate“ and happily bypass a lazy estate agent. Just be your politest self and apologise to the lady and have a little chat with her say you were in the area and would she mind. Wishing you the best of luck and hope it works out OP.

She’s just been gazumped.

Coldfinch · 21/10/2024 16:17

GrannyWeatherwaxsHatpin · 21/10/2024 15:11

Section 9e of the Property Ombudsman's code of practice states that once a property has had an offer accepted on it, the agent must take the vendor's instruction as to whether the property is to be removed from the market. Of course, that depends on whether a) they've actually done this and b) what the vendor's instructions were if they have:

https://www.tpos.co.uk/images/codes-of-practice/TPOE27-8_Code_of_Practice_for_Residential_Estate_Agents_A4_FINAL.pdf

In your shoes I'd be tempted to pop round (after all, it's not like you don't know where the house is...) and say you can't get hold of the EA but wanted to check everything was OK because the house is on the market and you're getting a bit worried.

This!

I wouldn’t care about being „appropriate“ and happily bypass a lazy estate agent. Just be your politest self and apologise to the lady and have a little chat with her say you were in the area and would she mind. Wishing you the best of luck and hope it works out OP.

LlynTegid · 21/10/2024 16:12

I think expecting someone to update by mid-morning on Monday is a bit hopeful. If nothing say by Wednesday or Thursday, fair enough.

Sorry to hear about the gazumping.

Keepingittogetherstepbystep · 21/10/2024 16:12

sweetestpotato · 21/10/2024 15:54

Update: just got the call - we have been gazumped.

Awful feeling, I’m devastated. I feel like an idiot for getting my hopes up.

Thanks for the advice everyone.

That's very unlikely to be an old lady driving that more likely to be the agent

Sorry this has happened to you it must be awful.

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.

AlertCat · 21/10/2024 15:59

Oh that’s rubbish, I’m so sorry! Thank goodness you hadn’t spent out on the searches etc.

House buying process in England and Wales is awful, isn’t it? No security for either party and so much money at stake.

sweetestpotato · 21/10/2024 15:54

Update: just got the call - we have been gazumped.

Awful feeling, I’m devastated. I feel like an idiot for getting my hopes up.

Thanks for the advice everyone.

OP posts:
Tallisker · 21/10/2024 15:47

I'd suggest marking it 'under offer'

ladyofshertonabbas · 21/10/2024 15:45

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?

That's a good idea.

I wouldn't kick off conveyancing on a house unless if was taken off the market.

SoNiceToComeHomeTo · 21/10/2024 15:40

I would contact the estate agent to say that you will not go ahead unless the listing is marked 'UNDER OFFER' on Rightmove.
Hopefully they will relay this to the vendor, but if not, you could write to her saying the same thing.

sweetestpotato · 21/10/2024 15:39

ForPearlViper · 21/10/2024 15:14

I've been at the other side of this and after a buyer pulled out on me at the last minute, next time I left it on the market until exchange. I wouldn't have done viewings or accepted another offer unless my buyer was really dragging their feet or messing me around.

It's a two way street on what buyers and sellers are paying out. When my buyer pulled out, I lost money on the survey and legal fees for the house I was buying which I ultimately couldn't go ahead with.

The whole buying and selling process is a nightmare given that no-one is committed until exchange which can end up being the same day as completion and both parties are shelling out money.

It is a nightmare, I agree!

We have done our best to be as transparent and easy to work with as possible. It doesn’t feel like it’s the same on their part though.

The seller has already bought her next house and is in the process of moving her belongings. Given this, I don’t understand why they are being like this.

OP posts:
sweetestpotato · 21/10/2024 15:37

mynameiscalypso · 21/10/2024 15:29

You can't really tell the estate agent to do anything - they're employed by the vendor and it's the vendors choice. She seems to want it to stay listed which is her right.

I never said otherwise but it obviously puts us in a vulnerable position where we could lose thousands. A show of commitment from her side to ensure things go smoothly doesn’t feel like a lot to ask, especially after this house has already gone to best and final. If the seller doesn’t care about this then perhaps it’s best we withdrew our offer.

OP posts:
sweetestpotato · 21/10/2024 15:35

Dotto · 21/10/2024 15:24

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

You need to comply with this. This is what you agreed to when your offer was accepted. Adding a SSTC means it is no longer featured in the main search on Rightmove / Zoopla, unless people search for SSTC.

Your position is weak, they can easily recommence viewings if they're not happy with you.

If you don't want the house appearing in the portals whilst you spending a lot of money on a survey, choose another house.

They have made their position clear.

Edited

It is clear. It’s also unreasonable in my opinion. We have shown a great deal of commitment but the seller/EA is showing none in return.

The way the EA have made it sound, the seller is an old lady who has left pretty much everything to the EA. She picked us in the best and final because of our position, circumstances and offer over asking. She apparently wants to meet us and asked the EA if we were nice etc.

None of this adds up with the way things have been handled after our offer was accepted. The EA’s conveyancer and surveyor have also been very pushy and this whole “won’t take it off until survey is done” feels like they are pushing us into using their surveyor.

I guess we will just make our position clear too and if they would rather not meet us in the middle and show commitment from their side then we will pull out as this does not bode well for the rest of the process

OP posts: