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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think an agent can’t refuse to put my offer forward?

144 replies

thankunextex · 18/04/2019 14:24

Best and final offers were asked for and mine was declined.

I then was advised by another estate agents that they are legally bound to put forward any new offers to the vendor until the contracts have been exchanged.

I’ve asked to put a new offer in and they refused ad they said it’s unethical. Surely they can’t do that?

OP posts:
CloserIAm2Fine · 18/04/2019 14:26

I don’t know the legalities but I think it’s reasonable that after going to best and final offers they’re not accepting a higher offer at this point, kind of takes away the point of “best and final”

Bluntness100 · 18/04/2019 14:28

I think if the seller takes it off thr market after accepting an offer then no it doesn't need to be put forward, as this is the condition of the offer. So I'd agree with the agent it's unethical.

Houseonahill · 18/04/2019 14:29

I think it's unethical to not put your "best and final" offer forward when asked for it.

Original poster
thankunextex · 18/04/2019 14:31

I think it's unethical to not put your "best and final" offer forward when asked for it.

Well I did actually but then my circumstances changed.

It’s still up for sale on rightmove, on their website etc

OP posts:
mum11970 · 18/04/2019 14:33

Don’t know the legalities but you should have put your best offer in in the first place instead of trying to gazump someone.

Barbie222 · 18/04/2019 14:34

Sounds dodgy to me, I've been advised same as you.

Foxmuffin · 18/04/2019 14:41

Not if it’s sold subject to contract.

Original poster
thankunextex · 18/04/2019 14:45

I believe legally you can otherwise gazumping wouldn’t be a thing.

I’m sure if you were selling your property you wouldn’t be very happy if a vendor didn’t tell you about a higher offer.

OP posts:
harriethoyle · 18/04/2019 14:46

Depends on what the sellers have instructed them to do, I guess - I told my EA figures I wasn't prepared to go below and also that whilst I was happy to listen to offers, once my seller had paid for their survey, I wouldn't speak to anyone else until either we were SSTC or it fell through and it all started again... I know they rejected offers in both of those scenarios.

NoBaggyPants · 18/04/2019 14:48

You don't know what has been agreed between the seller and the EA. The seller may be sick of time wasters, hence stating best and final (and you've already submitted yours).

How much are you offering and how much is it on for?

Quartz2208 · 18/04/2019 14:48

But surely if you had your best and final offer accepted and were happily paying for searches etc you would be really upset if someone then upped there best and final offer

SileneOliveira · 18/04/2019 14:53

The agents aren't working for you. They are working for the vendor. The vendor might have told them that they are delighted with the offer they have accepted and to progress it asap. That they're not interested in playing games, and won't entertain any further offers at that point.

They're totally within their rights to do that.

Gomyownway · 18/04/2019 14:55

Morally, it would be a dickish move

You were told final offers. You made one. Your circumstances have changed, which suggests that full and final offers was a while ago. Seller and buyer are likely far down the line.

Move on and find a different house

UCOforAC12 · 18/04/2019 14:59

If the survey hasn't been done I see no reason not to put forward a higher offer.

strawberrisc · 18/04/2019 15:03

I think you'd be a totally immoral person even to consider it. Who cares what's legal? You'd be completely devoid of soul.

Original poster
thankunextex · 18/04/2019 15:05

Your circumstances have changed, which suggests that full and final offers was a while ago.

It was 3 days ago. I’m a cash buyer and I now have £20K more to put forward - I didn’t want to offer further at the time as I was waiting on a my other property to complete as I thought my buyer might pull out.

OP posts:
PCohle · 18/04/2019 15:06

Final means final.

It's not the actual purchaser's fault you've now got more cash.

Gomyownway · 18/04/2019 15:07

No offence OP, but if I was a buyer, and someone miraculously came up with an extra 20k three days later, I wouldn’t take them seriously

Original poster
thankunextex · 18/04/2019 15:08

I think you'd be a totally immoral person even to consider it. Who cares what's legal? You'd be completely devoid of soul.

Not really. It’s 3 days. I’m a nice person but then someone said it’s a dog eat dog world out there and sometimes you have to be selfish to get what you want.

I’m tired of losing out things I want because of being a “nice person”.

OP posts:
Original poster
thankunextex · 18/04/2019 15:09

Final means final.

But it doesn’t because contracts have not been exchanged,

OP posts:
Foxmuffin · 18/04/2019 15:09

I think you'd be a totally immoral person even to consider it. Who cares what's legal? You'd be completely devoid of soul.

I can think of worse crimes Grin

AryaStarkWolf · 18/04/2019 15:09

YABU the estate agent is right, it's unethical

PCohle · 18/04/2019 15:11

But what do you think "best and final" means then?

Final apart from me because I'm special and important and my circumstances are amazingly unique?

Foxmuffin · 18/04/2019 15:11

I don’t think there’s any specific estate agent legislation for this. So really it’s a matter of best practice not law.

TheGrey1houndSpeaks · 18/04/2019 15:14

I wouldn’t accept an offer from you at this point; I’d assume you were a complete piss taker and would expect more antics from you as the sale progressed.
How on earth did your circumstances change between putting in an offer and learning that it wasn’t accepted?!
They obviously didn’t believe it either...

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