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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:
Mapril · 18/04/2019 15:58

Shit happens unfortunately, in this case it was bad timing.

FiddlesticksAkimbo · 18/04/2019 16:12

Another vote for the original poster. I don't think it's unethical for a buyer to try to outbid other buyers before exchange. The rules of the game are that nothing is guaranteed until contracts are exchanged. Everyone knows (or should know) that, and should operate within that framework. I'm not sure whether the rules themselves are ideal, but that's how the market works and playing by the rules is all that's required I'd say.

Whether the vendor wants to entertain late offers is totally up to the vendor though. And if the vendor has instructed the agent on their behalf not to entertain offers according to certain parameters that's between vendor and agent.

I can see the practical problem for the OP is whether any such instruction has been given by the vendor! No way of knowing without contacting the vendor.

MrsMorse · 18/04/2019 16:27

See this the other way. Say you got the house at the best and final 3 days ago. Now someone has been allowed to offer £20k more and the estate agent is an unethical numpty who puts it forwards to the owner ..who then pulls out of selling to you. How would you find that.

Thank goodness there are some ethical estate agents around!

Original poster
thankunextex · 18/04/2019 16:33

No way of knowing without contacting the vendor.

I would do this but it’s an empty house (previously rented) so I wouldn’t just be able to knock on the door and ask.

OP posts:
Mildura · 18/04/2019 16:34

@MrsMorse
Thank goodness there are some ethical estate agents around!

Even if by displaying their ethics they are not complying with the law?

Original poster
thankunextex · 18/04/2019 16:37

Oh by the way I wouldn’t offer a further £20k ... my original offer was very close to what they were already asking so I would be paying way more than what it’s actually worth.

It also needs a lot of work doing to it so I need funds to be able to do that.

And I wanted to put in a further offer due to the time scale of my last offer.

OP posts:
ChicCroissant · 18/04/2019 16:40

It's unfortunate that the timescales didn't match up for you OP, but that's life. Final offer is the clue here.

MrsMorse · 18/04/2019 16:42

I disagree that they aren't complying with the law. Best and final offers is standard practise after all. If you want to up your offer after the deadline..tough. If the buyer pulls out..it's fair game again.

thisisthetime · 18/04/2019 16:43

That’s awful. The buyers could have paid out for surveys and searches etc. Would you want it to happen to you?

Gazumping can and does happen but it’s completely unethical.

If you’re buying a repossession then as far as I’m aware offers have to be put forward until contracts are exchanged but I think most other sellers wouldn’t consider other offers once everything is progressing.

Mildura · 18/04/2019 16:45

Final offer is the clue here.

There are quite a few people on this thread who don't understand the law on this matter.

Having an opinion on the ethics or morals of such an action is totally different.

The law says that up until exchange of contracts all offers submitted must be submitted to the vendor. Unless the vendor has informed the EA in writing that they do not wish to be notified of any offers.

Original poster
thankunextex · 18/04/2019 16:47

I disagree that they aren't complying with the law. Best and final offers is standard practise after all. If you want to up your offer after the deadline..tough. If the buyer pulls out..it's fair game again.

Whether you agree or not, they are legally obligated to put in any higher offer if a contract has not yet been exchanged,

OP posts:
Foxmuffin · 18/04/2019 16:48

Please can somewhere please point me to this mysterious “law” you all keep referencing?

Bluntness100 · 18/04/2019 16:48

Mildura, why are you just making stuff up? If a property is agreed to be taken off the market when an offer is accepted, which is the standard practice with best and final, then the agent is breaking no law by not putting forward further offers. In fact they could be argued to be breaking the law if they did, because a contract can be verbal and if they have agreed to take it off thr market then this is binding on them.

Seriously stop posting made up crap.

Mildura · 18/04/2019 16:50

@Bluntness100

You are showing you have no idea what you are talking about.

Original poster
thankunextex · 18/04/2019 16:51

Well sadly I’m not being unreasonable for them to put my offer to the vendor. It’s the law.

Ethically I’m sure I am being unreasonable.

I think people need to educate themselves on the law before commenting. I don’t mean that rudely as I only learnt about the legal obligation 2 days ago.

OP posts:
myrtleWilson · 18/04/2019 16:51

and there is nothing to say that the vendor hasn't specified no further offers so the OP is in the same position regardless.

Original poster
thankunextex · 18/04/2019 16:53

THE LAW STATUTE AND SUBSECTION (in case anyone is that bothered) - yes I did copy and paste it.

Unlike other forms of contract which may be made verbally and still enforced, since 27 September 1989, Section 2 of The Law of Property (Miscellaneous Provisions Act) states that;

"a contract for the sale of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document or where contracts are exchanged in each."

Therefore, unless ‘all the terms’ of a contract are included in one or two documents and signed and exchanged by the parties privy to that contract, no binding contract for the sale of land can be enforced in England or Wales.

OP posts:
Bluntness100 · 18/04/2019 16:53

Whether you agree or not, they are legally obligated to put in any higher offer if a contract has not yet been exchanged,

Op, would it help you to understand better if it was phrased this property was no longer on thr market? Because it's not. It has been taken off. The fact it lingers on websites is irrelevant.

The property is no longer on thr market. The agent does not have to put forward offers for properties not on thr market.

Original poster
thankunextex · 18/04/2019 16:54

I think it’s you Bluntness that needs to stop making up crap.

OP posts:
Original poster
thankunextex · 18/04/2019 16:55

Bluntness please educate yourself. It’s getting embarrassing now.

OP posts:
Mildura · 18/04/2019 16:56

The property is no longer on thr market. The agent does not have to put forward offers for properties not on thr market

This is complete and utter rubbish. You do not know what you are talking about.

MrsMorse · 18/04/2019 17:00

Then put a note through the door with your higher offer if you want to go by the letter of the law. See how it works out for you. Good luck. I'm a firm believer in what goes around comes around.

Bluntness100 · 18/04/2019 17:01

Ok. Then put a note through the door op. Because the agent agrees with me and ain't putting your Offer forward. No matter how much you disagree with me and him.🤷‍♀️

harriethoyle · 18/04/2019 17:03

OP, you are so aggressive and unnecessarily so. You have no idea if the sellers have told their EA not to forward any more offers or not. If they have, the EA would be acting in accordance with the client relationship and instructions not to do so. Being rude to people and @bluntness in particular doesn't change that. You've missed out. Move on.

fuzzyduck1 · 18/04/2019 17:03

I think it would be unethical for them to put your offer to the vender if the sale has been agreed in principle.
Didn’t that use to be gazumping.
The poor people who have had their offer excepted and have probably already paid out for searches solicitors etc would be left back at square one but out of pocket.
Good on the agent he has morals

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