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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Or is this estate agent stonewalling us?

36 replies

Orangelemonlime · 15/09/2015 17:15

We have seen a house we love, and after viewing on a Friday we contacted the agent on Monday to say we would like to make an offer.

We need an offer on our house before we can move, but we've made arrangements for a bridging loan which we are willing to use if needed.

Estate agent is aware we will take out a bridging loan. The agent has not asked us what we are going to offer all week despite us saying we would like to make an offer on Monday ?!

The agent has asked us to speak to their broker/due diligence person 3 times now! We have gone through our scenario, the numbers stack up. The broker seems to be using the info we supply to obtain mortgage quotes (which we have not asked for), instead of using the information to strengthen our case with the agent/vendor.

We submitted our offer this morning and the agent has still not given it to the vendor. They say they will do so this evening ?!

In the meantime, there is another interested party and I have a feeling we're just being used for them to bid against, to bring their offer up higher.

It feels as though the agent is not taking us seriously for some reason. Cannot work out why because we have proved our income etc already.

Thoughts anyone as to what is going on here? I can't put my finger on why but I have a feeling something is not right.

OP posts:
bramble16 · 15/09/2015 18:45

OP, are your finances as solid as you originally suggested? You seem to have another thread asking what happens on completion if you don't have the finances in place? Apologies if I am mistaken or it isn't as simple as that but it could be a reason why the EA is not taking this seriously.

mandy214 · 15/09/2015 19:19

Do you know the level of the offers the other party has made? Maybe they know your offer is currently below the level of an already rejected level so there's little point. They should still put it to the vendor but may explain why they're not in any rush.

Orangelemonlime · 15/09/2015 19:43

They are solid and exactly as described. I suppose I wanted to know on my other thread how much time we can buy to wait for a sale on our house before going down the bridging loan route. We have it set up in principle (bridging loan), but don't want to use it unless absolutely necessary as so expensive.

Agent has told me our offer is a good one and highest currently. Other party may counter offer. We will see.

OP posts:
Kym134 · 15/09/2015 20:11

Legally, the estate agent has to pass the offer on promptly. From the gov.uk website:

"3. Estate agents

Estate agents must also treat buyers fairly. They must show any offers promptly and in writing to the person selling the house.

Estate agents are also legally obliged to pass on any other offers for the property right up to when contracts are exchanged."

Remind them of this and they might speed up! Also they want you to take out a mortgage with their broker as they get commission or have targets based on this so might be trying to stall to get you involved with their brokers.

mandy214 · 15/09/2015 21:05

I posted on another thread on a similar point a couple of weeks ago. According to the guidelines for EA (can't remember what they're called) the EA doesn't have to pass on offers if the vendor has specifically provided instructions to the contrary (I. E. You don't need to tell us about offers below x or maybe people who are not under offer etc)

mandy214 · 15/09/2015 21:16

This is the wording - obliged to pass offer on "unless the offer is an amount or type which the seller has specifically instructed you, in writing, not to pass on."

bramble16 · 15/09/2015 21:38

How frustrating OP. Whilst they may be legally required to pass on the offer - who are you going to complain to? They sound like awful EAs. Are there any other EAs with this property on their books?

Fizrim · 15/09/2015 22:07

I am also slightly mystified at your delay in making an offer - was that to do with setting up the bridging loan?

I would check tomorrow if they have put your offer to the vendor. It is up to the vendor which offer they accept though (if any).

Headofthehive55 · 15/09/2015 22:33

We had that done to us. We came straight from a viewing to the office ( it was very near) to put an offer on the house. We were told oh that house has already been sold. We informed them they had to legally put the offer to the vendors. They refused to speak to us. No idea why they were so antagonistic towards us. We were not in a chain, having sold our house and did not need further funds. They did put it through, but odd. Very odd.

BetaTest · 15/09/2015 22:45

Just write a letter and put it through the door of the EA and another through the door of the owner yourself. Write 'Subject to Contract' at the top of the letter and make clear it is subject to normal searches and structural survey and that you have funds in place.

You don't have to ask permission to put in an offer or indeed wait for them to pass it on. Just do it yourself.

By all means see their broker but the offer is not dependent on the outcome of that.

Why are people so limp about making offers in person and dealing with EAs?

Sallyhasleftthebuilding · 16/09/2015 08:03

Issue being the property is empty?

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