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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Estate agent made an offer without our agreement

42 replies

AmericanPastoral · 24/09/2018 17:41

The estate agent we are dealing with to buy a house has increased our offer to the buyers without our knowledge or consent. He said it was to avoid more going back and forth of which there has been quite a lot. We are obviously unhappy with this approach -how can we be sure the seller wouldn't have accepted our lower offer? We are still interested in the house but not happy with the agent. We are going to ask him to cut his fee. Does anyone have any experience of doing this?

OP posts:
Bluntness100 · 24/09/2018 17:44

This depends, did you authorise him to go to a specific level? If so, then I think he was right to do so, if not, then yes, of course you have room for complaint.

bilbodog · 24/09/2018 17:47

I dont see what asking him to drop his fee will achieve as this is between the estate agent and the seller - nothing to do with the buyer?

divadee · 24/09/2018 17:58

Cutting his fee will only help the sellers though won't it? I would rescind the higher offer and stick to your original one.

ThanosSavedMe · 24/09/2018 18:01

Can you speak to the vendor and let them know what the agent has done. Tell them the offer you made and suggest that the EA drop their fee by the difference. That way you don’t lose out and neither does the seller. Only the rest of an estate agent.

ThanosSavedMe · 24/09/2018 18:01

Twat not rest!

TheOneWith · 24/09/2018 18:05

Are you in the US? Did you authorise him to go up to a certain price point?

TallulahBetty · 24/09/2018 18:15

What fee? Buyers don't pay estate agents.

Sweetpea55 · 24/09/2018 18:16

You should be on the cheeky fucker thread AmericanPastoral

Oldraver · 24/09/2018 18:25

We are going to ask him to cut his fee. What fee ? Are you in another country ? Do people actually pay a fee to buy a house ?

UnrelentingFruitScoffer · 24/09/2018 18:31

He is not just being cheeky. He is being deceitful and breaking the law. In theory, he could go to prison. That said, it would be hard to prove anything unless you communicated with him in writing. His his fee is between him and the buyer do not really a way to get this sorted. Suggest you simply withdraw from the transaction unless it is a house you want very much and you are prepared to swallow the extra cost.

Original poster
AmericanPastoral · 24/09/2018 18:32

Thanks for your replies. Sorry for the confusion. The estate agent increased our offer to the vendors without our knowledge or consent. We are going to suggest that the agent cuts his fee to the vendors to get us nearer to our actual offer which he previously told us would be sufficient. Hope that's clearer.

OP posts:
onlyk · 24/09/2018 18:50

Did the estate agent increase your offer or did your initial offer get turned down and this is a counter offer? You can always go back with a lower offer than the estate agent has suggested.

onlyk · 24/09/2018 18:51

Sorry missed your previous post

Original poster
AmericanPastoral · 24/09/2018 18:55

If the EA had said to the vendors - what if the buyers go up to x - we would have been fine with that. Instead he told the vendors we were happy to commit to a higher price without consulting with us first.

OP posts:
grumpygiraffe · 24/09/2018 18:59

Well don't pay it then, and leave the estate agent to apologise to the seller.

Piffle11 · 24/09/2018 18:59

Without knowing your EA, and the seller, it's hard to pass judgement. I worked for an EA doing admin years ago, and often what was supposed to be an acceptable offer was suddenly not enough for the seller. The seller may be the sort of person who won't want to be going backwards and forwards, so the EA cut through this (I've seen a buyer offer, say £200,000, the seller says they'll sell for £215,000. So the buyer goes back with £205,000, seller says £215,000 … buyer comes back with £208,000, seller says £215,000 … buyer comes back with £208,000 … seller goes with another buyer. Or maybe another agent has a similar offer, and the EA you are dealing with doesn't want to lose the sale (and therefore his commission). Your EA may be being deceitful, or he may be trying to secure the sale.

FermatsTheorem · 24/09/2018 19:03

I'd walk away from this house - and put a note through the vendors' door telling them exactly what the estate agent has done and how it has lost them a potential sale. I'd also plaster it all over social media so that everyone in the area knows that this particular estate agent is dishonest and to be avoided at all costs.

BritInUS1 · 24/09/2018 19:03

Just go back and say you didn’t offer that and ask the EA to go back to the vendor with your real offer

Original poster
AmericanPastoral · 24/09/2018 19:46

Thanks for your replies. The problem is we're very keen on the house but aware that most houses are going for about 10% less than their asking price. The EA has told us the vendor would be happy with a certain price, the vendor has changed his mind and wants more. Rather than return to us the EA has just increased our offer, knowing we are very interested. He has obviously not acted correctly and he knows it. In acknowledgement of this I wondered if we could get the EA to reduce his fee.

OP posts:
MaggieSimpsonsPacifier · 24/09/2018 19:52

Legally speaking, the contract is between you and the seller, so that wouldn’t work, OP. The money is only going from you to the seller; there isn’t anything going from the estate agent. Practically speaking, however, you could agree that you pay the higher amount and then the estate agent pays you the difference. However, they are probably unlikely to agree without a lot of pressure!

Darkstar4855 · 24/09/2018 20:07

But if you are the buyer then you are not paying the EA’s fee so what difference would that make? Yes, it sounds like the EA is out of line but they are working for the seller, not for you. What it comes down to is how much are you willing to pay for the house? You can stick to your original offer and tell the EA to let the sellers know he was mistaken about the increased offer then wait for the sellers to decide if they will accept it. If they say no and you don’t want to pay any more then walk away.

adayatthebeach · 24/09/2018 20:12

Doesn’t it have to be in writing anyway to be legal? So just say no.

PaintedHorizons · 24/09/2018 20:18

Darkstar is right, OP.

foggetyfog · 24/09/2018 20:22

So you're going to ask the Estate Agent to fund the difference between what you are prepared to pay and what the Seller (who is paying his commission) is prepared to accept? Good Luck with that. Offers aren't legally binding so just lower it.

hazell42 · 24/09/2018 20:32

So the estate agent offered your original price. The vendor turned it down and then he offered a higher price which you are actually prepared to pay because you really want the house? If that is right, the only thing that he did wrong is up the offer in without double checking with you in order to save time . And you can always back away from on that if you wish. so this has cost you nothing.The vendor wanted more than your original offer. Thats not the estate agents fault. Good luck with asking him to reduce his fees.