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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Is the estate agent screwing my mother?

371 replies

dodgyestateagent · 12/04/2021 20:06

DM, who is elderly, has just had to put her family home up for sale, she is moving to assisted living. She is 78 and has lived in this house for over 50 years - my father's recent passing has meant she can no longer cope with the house by herself. She has no idea about market value, valuations, selling a house, so we have been dealing with the estate agent ourselves.

The house went up for sale on Friday, and we were told it was inundated with interest. So much so that the estate agent held an 'open viewing' for viewings on Saturday, for one hour. We were told that over 200 people had come to visit the house!

We've just been told the highest offer, and it's below what would be expected for the area (we are South East, detached, 3 bedroom, large south facing garden). Especially since he said they'd been inundated with viewings and interest. When we queried the estate agent on how he got the offers, he told us that due to having so much interest, he was doing an anonymous 'best and final offer'. The highest offer (and best position) we've been given is supposedly the highest of all of the 'best and final'... However, when we enquired whether or not he'd gone back to any of the other interested parties to see if they'd like to improve on it, he said he hadn't to ensure 'fairness for everyone involved.' It doesn't seem like he has tried to get the best price for my DM. Myself and DH have purchased a couple of properties, and each and every time we've been told about other 'higher offers' and been asked if we'd like to improve on our offer... It just seems a strange way of doing things and I am worried the estate agent has got some sort of back hander going on... AIBU?

OP posts:
Whydidimarryhim · 13/04/2021 18:00

I’d be suspicious that he’s given it to a local property dealer and got a back hander.

peak2021 · 13/04/2021 18:01

A thought, if you deemed it breach of contract, went to someone reputable, they sold it, he tried to claim commission, then sued, would he want his behaviour to be discussed in open court?

Tooshyshyhushhushioi · 13/04/2021 18:01

You need to ditch him straight away and call him out on it. He is blatantly ripping your mother off.

Happened to me a long time ago. I was relocating and my company had a deal where they paid me 95% of the valuation and then if the flat was sold for more then I get the remaining. They chose the estate agent and had final say on the agreed buyer and selling price. I was fine with that but during the process I was told there was only one asking price offer. On the day of exchange when I actually got to see the documentation and the name of the buyer, the buyer had the same surname of the estate agent. It was his brother and they clearly pulled a fast one by never really marketing it and putting in a low valuation figure.

lindyloo57 · 13/04/2021 18:04

Please report this man, he's probably been doing this to other people

notsignedupforthis · 13/04/2021 18:05

Sounds off to me. Years ago I got into a bidding war on a property and ended up being outbid. Turns out the other agent (duel agents) sold the property to a builder mate for a backhander and for around 40k less than my top bid.
Estate agents ime can be as bent as it comes.
I would definitely get either another agent or wait for a better offer and let your current agent you have serious concerns.

SilverGlitterBaubles · 13/04/2021 18:06

@dodgyestateagent

To say I am livid in an understatement...

Got a friend to ring up today and put in a higher offer. She was given the same spiel about needing to put a 'best and final' offer in straight away as the property has had so many offers and is so popular. The estate agent then did his very best to put my friend off Shock. He told her that she should 'only offer what's she's absolutely happy with, she's got to feel comfortable with her offer and not to go above that'. Even worse, he told her that 'the elderly woman who lives there needs to find somewhere else to live, therefore it won't make the stamp duty holiday, and to bear that in mind when she puts her offer in'... DM is going into assisted living, so that is a flagrant lie to put potential buyers off!!

Call him out on it. The bottom line is you are running your DMs sale and do not have to sell through him or to his buyer.
2bazookas · 13/04/2021 18:06

@dodgyestateagent

To say I am livid in an understatement...

Got a friend to ring up today and put in a higher offer. She was given the same spiel about needing to put a 'best and final' offer in straight away as the property has had so many offers and is so popular. The estate agent then did his very best to put my friend off Shock. He told her that she should 'only offer what's she's absolutely happy with, she's got to feel comfortable with her offer and not to go above that'. Even worse, he told her that 'the elderly woman who lives there needs to find somewhere else to live, therefore it won't make the stamp duty holiday, and to bear that in mind when she puts her offer in'... DM is going into assisted living, so that is a flagrant lie to put potential buyers off!!

That is shocking, but there is an upside, that now you have proof of his dishonesty and grounds to sack him and get a better one.

He may own the agency but that doesn't protect him from charges of criminal fraud; or complain to his regulating body.

quote

"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.
Complain about an estate agent

You must complain to the estate agent first and give them a fair chance to sort out your complaint. If they do not, you can complain to one of the following schemes:

The Property Ombudsman
Property Redress Scheme

Ask the estate agent which scheme they belong to."

JeanneDoe · 13/04/2021 18:06

Have you called the agent? That's shocking.
Why doesn't your friend offer full asking and see what happens?
If it's higher than what the agent has told you the other "best and final" offer was, and your friend gets told that she hasn't got it, then you know for sure he is unscrupulous.
Get everything in writing.

Rtruth · 13/04/2021 18:07

Defo not right. Tell them the following:

  1. you will report to ombudsman unless you see all offers.
  2. why would they not start bidding war to get you best price? Final offer after 1 day is wrong.

Then search last 6 months sales on zoopla in 1/2 mile radius that match what you are selling and be honest about what property is (ie if it’s actually a 2 bed but you marketing it’s a 3 bed, you have to look at 2 beds). That will give you realistic valuation of property value.

Rtruth · 13/04/2021 18:09

@2bazookas if it’s something this dodgy, you can ask the estate agent to rectify but still report it to ombudsman as it’s completely wrong practice to do final offers without consulting selling party.

Ireolu · 13/04/2021 18:11

Change agents!! He is probably putting forward lowball offers as he may have an interest in the property himself.

Something similar happened to my parents. We had a 1 bed flat in London on the market for ages. Mum went past it on the bus and saw the windows open. Unscrupulous estate agent had let it out and it had tenants in! Mum threatened police and reporting to regulators. Surprise surprise sold above asking within 2 weeks. Change agents!

Waterfallgirl · 13/04/2021 18:11

That is just shocking.

8dpwoah · 13/04/2021 18:12

Just wanted to placemark and also cheer you on it taking on this arsehole, OP, good thinking getting your mate to test him out. I agree, get her to make a really good offer tomorrow and see what comes back (while also waiting for his written report on the best and final offers). You know what's going to happen but if your friend makes a good offer and he neglects to add it to the written summary of the offers then you should be able to absolutely nail him at the Ombudsman so he can't pull the same trick on someone else!
I'm sure you will sell the property with a proper agent and hope all goes smoothly once you've got rid of this chump.

chillibeansauce · 13/04/2021 18:13

[quote CrumpetsForAll]**@Runway* @HandsIntoTheFire* me too! I thought it would be all ‘the estate agents is always there’ ‘I found his For Sale board in her bedroom’ ‘the Right Move pics have him in the mirror naked’[/quote]
😂

LipstickLou · 13/04/2021 18:14

Been there when we were told property was dropping like a stone (2009).it never did and we sold our house for £50k less than we paid for it two years earlier . The agent told us we would be able to downsize with a similar reduction. Prices of family houses never drop (although new builds can loose a bit initially). You must decline this offer and go to one of the big estate agents who might value their job and reputation. KF or Hammies if they operate in your mum's area.

FlyingBurrito · 13/04/2021 18:16

I think the time has come to tell him that not only are you changing agents but will be reporting him

Just in case he tries to pretend that your friend misunderstood him on the phone get another friend or maybe 2 to also enquire and make notes of the conversation as he's speaking to get some verbatim quotes and record of his lies. The

HaveringWavering · 13/04/2021 18:18

Wow. I too thought that this was going to be about a different kind of screwing but what I find most shocking (after the lying) is that the agent appears to have developed and implemented a sales strategy without discussing it with his client. That is ridiculous.

VettiyaIruken · 13/04/2021 18:18

Wow.
What a crook!
I hope you give him hell!

LalalalalalaLand123 · 13/04/2021 18:21

Interesting terminology in the title OP!
Change agents. No offence to any estate agents on here, but almost every EA we've dealt with (in the UK) has been extremely deceiptful. Hmm I guess that doesn't actually help you if you change agents as the next will likely be the same.....but normally they want to get you the best price to maximise their commission! Your current one sounds like a disaster.

And 200 people? Pull the other one.....lucky if there were 20

pam290358 · 13/04/2021 18:22

Is this a high street agent or something similar to purple bricks online ? When we sold our house a couple of years ago, I tried an online agent and they advised they could do stuff like this - that and some of the ridiculous ‘extras’ to the basic charge were the reasons I rejected them and then used a high street agent. We had a lot of interest and quite a few viewers over a two week period. The agent confirmed all offers in writing and we accepted the highest with no pressure from the agent. The biggest problem for me would be 200 people viewing on the Saturday when the open house was only for one hour - some agents keep lists of people interested in buying in a particular area, or a particular type of house and it sounds to me that this is more likely. I think I also read somewhere that agents have to declare if they know a prospective buyer personally, so I would make enquiries about that, as he may be trying to get a cheap deal for a friend.

UntamedWisteria · 13/04/2021 18:22

he's a crook.

He's clearly planning to sell it to a mate, who will then sell it on for what it's really worth & they will split the profit.

Report him to the police.

Mummyyyyyyyyyy · 13/04/2021 18:22

I had a friend many years ago who had a similar experience. Loads of interest but only offer passed to her was quite a bit lower than expected. They hadn't sold before so just accepted it.
Her sil commented that it was strange & uncovered the fact that the buyer was the estate agents relative. Don't ask me how she found out.

Just make sure you have all the info in writing.

SMabbutt · 13/04/2021 18:23

I would get your friend to put in a written best and final offer that you know is higher than the offer the EA has given you. Then ask for all the written offers and see if he passes it on to you. If not you have your evidence that he is being dishonest. Make sure you have a photo of the fake offer and proof it has been delivered to the EA. I'd also do a bit of Internet searching to see if you can link your EA with the buyer he's pushing - Facebook, LinkedIn ans any revies he's showing can help with that.

Fourstonesmash · 13/04/2021 18:24

This reply has been deleted

Message withdrawn at poster's request.

HaveringWavering · 13/04/2021 18:25

@Fourstonesmash

Wow OP, can’t wait to hear the update when you confront the agent with this!!
What does your agreement with him say about termination?