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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to continue running away from this house purchase?

395 replies

Quandaries · 08/10/2020 20:55

Follow-up to www.mumsnet.com/Talk/am_i_being_unreasonable/4041606-AIBU-to-walk-away-from-this-house-purchase

Don’t even know where to start.

I’m a little worried that what I’ve posted so far makes me recognisable but what I’m going to post makes the sellers from hell recognisable so I’m not sure of the best way to go about it.

OP posts:
onedogatoddlerandababy · 10/10/2020 09:22

It was definitely a clause in mine when I put mine up for sale in 2008. EA fees would be payable if they found me a buyer, all was agreed and I pulled out.
When it transpired my ex had lied about a number of things, I took the house off the market immediately so nothing came of any of the viewings I’d had.

SoupDragon · 10/10/2020 09:23

@StillCoughingandLaughing

Again, doesn’t matter. If they had a better offer, they had a reason to pull out - they don’t have to go back to a previous offer.
They didn't have a better offer. It was fake.
prettybird · 10/10/2020 09:25

This was the advice from a Guardian "expert" a couple of years ago

From the estate agent's perspective, it depends on whether there was a "ready, willing and able" clause in the contract. If there was, the OP (and her statement) is the proof Grin

https://www.theguardian.com/money/2018/aug/20/estate-agents-fees-pull-out-house-sale-contracts-commission

Jjimdak · 10/10/2020 09:27

No one here knows all the terms and conditions in the contract signed between the estate agent and the vendors.

browneyes77 · 10/10/2020 09:35

Wow OP. These people are absolute cockwombles.

And they’re deluded if they think they’re going to get £75k more for that house.

I think just agreeing to write a factual statement to assist the EA is fine. You’re only just listing simple facts about a house you tried to purchase. Nothing false or embellished is it? Just a timeline of house buying events.

Now me? I’m petty as fuck. And if there was some need for me to attend any kind of court hearing, I’d be playing the victim card so well, I’d get an Oscar Grin I also have petty as fuck friends who would gladly make a few inflated fake offers on their house and then magically go AWOL GrinGrin

Sounds like you’re a lot more sensible than me though! Grin

I really hope that a wonderful house comes up for you and that this will all be a distant memory and you can sit smugly in your new home, comfortable in the knowledge you dodged a massive bullet SmileFlowers

Mumoftwo1994 · 10/10/2020 09:40

@Quandaries

Follow-up to www.mumsnet.com/Talk/am_i_being_unreasonable/4041606-AIBU-to-walk-away-from-this-house-purchase

Don’t even know where to start.

I’m a little worried that what I’ve posted so far makes me recognisable but what I’m going to post makes the sellers from hell recognisable so I’m not sure of the best way to go about it.

I used to work in an estate agents and while they have to report all offers, no matter what stage. It's highly unusual to switch buyers when you're just about to exchange, even if there is more money involved and cash isn't always best I'll be honest with you. However, there isn't much you can do. I would probably walk away but if it's your dream home then I don't know really. Vendors are very greedy people, I always hated that part of the job because then I got screamed at when there was nothing I could do.
Chicchicchicchiclana · 10/10/2020 09:40

Sorry, I did of course mean England and Wales. Apologies.

Chicchicchicchiclana · 10/10/2020 09:49

That's interesting re. the ready, willing and able clause - thanks for the link @prettybird. I guess we have to assume the EA had this in the contract then, unless he's just after the vendors for using his photos/descriptions etc.

ThinkAboutItTomorrow · 10/10/2020 10:26

Here's the clause in my current contract:

If the Seller withdraws instructions after a purchaser has been found who is ready, willing and able to proceed, Dacre, Son & Hartley reserve the right to charge the Seller the commission as set out in Clause 5 as if unconditional contracts had been exchanged. In such circumstances the date unconditional contracts shall be deemed to have been exchanged shall be the date the Seller withdraws instructions in writing in accordance with Clause 3 above.
READY, WILLING AND ABLE PURCHASER: A purchaser is a “ready, willing and able purchaser” if he/she is prepared and is able to exchange unconditional contracts for the purchase of your Property. You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, if such a purchaser is introduced by us in accordance with your instructions and this must be paid even if you subsequently withdraw and unconditional contracts for sale are not exchanged, irrespective of your reasons.

Peregrina · 10/10/2020 10:40

That sounds a bit tough, what happens if the buyer is one who has made such a stupidly low offer that a seller couldn't reasonably be expected to proceed? I suppose that's where the 'reserve the right' bit comes in, which it would in this case because OP offered the asking price and was ready to proceed.

ThinkAboutItTomorrow · 10/10/2020 10:58

You have to have accepted the offer.

I think it's designed for cases just like this. Or where the seller is just flaky. The law gives no protection until completion so EAs have obviously found their own. Fair play to them.

Chicchicchicchiclana · 10/10/2020 11:26

Thanks for putting that link up ThinkAboutItTomorrow. It's interesting and should certainly focus the mind of the seller. I hope the EA in this case had a clause like that in his contract!

combatbarbie · 10/10/2020 11:27

I'm confused as to their tactic to be honest. Unless that area is known for big cash buyers.... If they got interest from someone that required a mortgage, the valuation is not going to go with what think the house is worth, it will be valued at its market worth. £75k is an obscene amount. Smacks of greed!!

ForensicAccountant · 10/10/2020 11:42

I think the estate agent might still be entitled to claim their fee if vendors get another buyer by advertising using the EA’s pictures as effectively he is still facilitating the sale with work he paid for and will have a clause in the contract that they are exclusively his to use.

Howlooseisyourgoose · 10/10/2020 11:57

How were the buyers able to get a hold of EA's images/video footage?

Was it just a case of downloading it from Rightmove?

The positive is you made the right decision backing away OP. They would have just kept ratcheting up the price.

InsertHilariousUserName · 10/10/2020 13:03

@Howlooseisyourgoose I would think the EA sent it to them originally for their approval

StillCoughingandLaughing · 10/10/2020 15:14

They didn't have a better offer. It was fake.

You ASSUME it was fake. You don’t KNOW it was fake. For that to be an issue in any legal proceedings, proof it was fake would be needed. What is it about this people don’t get?!

Hippee · 10/10/2020 15:39

We sold our house to an acquaintance. I was amazed that the estate agent didn't pursue us for fees (in fact they congratulated us on finding a buyer!!!)

Hippee · 10/10/2020 15:40

But we weren't leaving them with a ready and waiting buyer.

Pinkfluff76 · 10/10/2020 15:53

Sorry OP this is just awful for you, I remember your first thread. Sending a virtual hug and hoping really hard that your perfect house comes along not only so you can spend your money! Obviously wishing for bad things to happen to the sellers 😉

SoupDragon · 10/10/2020 17:04

@StillCoughingandLaughing

They didn't have a better offer. It was fake.

You ASSUME it was fake. You don’t KNOW it was fake. For that to be an issue in any legal proceedings, proof it was fake would be needed. What is it about this people don’t get?!

I am assuming nothing. The OP says that the estate agent knows "100%" that the other offer is fake.

Unless you have anything else to go on, you're the one making assumptions.

(All said without resorting to shouting :))

MaggieFS · 10/10/2020 20:08

@StillCoughingandLaughing

They didn't have a better offer. It was fake.

You ASSUME it was fake. You don’t KNOW it was fake. For that to be an issue in any legal proceedings, proof it was fake would be needed. What is it about this people don’t get?!

Whether or not it was fake is irrelevant. What matters is they pulled out plus are now using the EA's photos and video.

ToelessPobble · 10/10/2020 22:04

My contract previously was that the estate agent had three months to find a buyer who could proceed. If we withdrew or went with a buyer we found in that time we had to pay X amount for photos etc. After three months no fee payable. I remember that as we found a buyer after the three months and didn't have to pay and had a discussion about it with the estate agent.

StillCoughingandLaughing · 11/10/2020 08:42

What matters is they pulled out plus are now using the EA's photos and video.

The photos and video is a completely separate issue. Nothing to do with the OP.

StillCoughingandLaughing · 11/10/2020 08:44

The OP says that the estate agent knows "100%" that the other offer is fake.

But the estate agent can’t ‘Know 100%’.

(Are italics easier on your delicate sensibilities than capital letters?)