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AIBU?

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Original poster

EA not telling us about offers coming in!

135 replies

Sellsellseller · 06/02/2023 15:30

We are selling a house. Turns out the estate agent has not put two offers to us by someone who wants to buy our house. One offer was over the asking price. The reason seems to be because the buyer won’t go with the estate agents mortgage and solicitors (to help them hit more sales targets).

The reason I know this is because the buyer has popped a note through my door also with a print out of an email the estate agent sent them basically saying she can’t guarantee the property to the buyer unless she goes with their in-house services.

We have a contract with the estate agent, does them not putting offers forward to us void the contract?

AIBU to pull the contract and sell to her privately or will I end up still having to pay agency fees if that doesn’t make the contract void?

OP posts:
Dwellingbuyingdilemma · 06/02/2023 17:11

As a buyer I got taken off an EA mail shot because I wouldn't go through their broker, same agency also (I'm sure) didn't put my offer forward to a seller.

I get there are regulations in place now but there are absolutely some dodgy estate agent practices still at play!

GasPanic · 06/02/2023 17:12

I thought you were allowed to instruct them not to contact you with offers under a certain amount, but you have to tell them this, and my guess is they would want some documentation of this in order to cover themselves.

So you might want to make sure you haven't checked some box somewhere or given them some instruction not to contact you in the event of offers below a certain amount.

If they have rejected a legimitate offer for the reasons you say though I would be furious.

SofiaSoFar · 06/02/2023 18:44

@Abitofalark

No one here can really say about the legality or otherwise of what the estate agent has done. We haven't seen the correspondence, don't know the contract and don't know if there's any proof of offers.

It doesn't matter what the contract says. The fact that EAs must inform sellers of offers received is a matter of law.

It's not optional or something that can be opted out of.

LookItsMeAgain · 07/02/2023 08:57

@GasPanic - In relation to this point you raised:
"I thought you were allowed to instruct them not to contact you with offers under a certain amount, but you have to tell them this, and my guess is they would want some documentation of this in order to cover themselves."
the OP put in their opening message this comment:
"Turns out the estate agent has not put two offers to us by someone who wants to buy our house. One offer was over the asking price."
So the estate agent hadn't passed on the offer purely because the potential buyer didn't want to be forced to use the EA's in-house solicitor and mortgage company.

Please check with your own solicitor before taking any steps @Sellsellseller, just so that you know exactly where you stand and what you can do to extricate yourself from the contract with the EA if you want to.

SoCunningYouCanStickATailOnItAndCallItAFox · 07/02/2023 09:01

Massive breach of duty. Scrap them immediately and make their tactics known, you're lucky you had a pro active buyer to sleet you to this. They are probably getting away with it because the two sides often don't talk to reach other, at least not until much further down the line.
Get yourself someone with professional standards... I've always had excellent service from NAEA members:
www.propertymark.co.uk/find-an-expert.html

SoCunningYouCanStickATailOnItAndCallItAFox · 07/02/2023 09:01

You have evidence of malpractice.

TheFrozenCanal · 07/02/2023 09:32

Swettenhams tried this on me ten years ago. Very dodgy.

YetMoreNewBeginnings · 07/02/2023 09:36

I’d ask the buyer to put their offer in again today.

And let the agent know that you know an offer is coming in.

We had this recently when an offer was “accidentally missed” by the EA when MIL was selling. By sheer coincidence that was also someone who wasn’t using their in house services.

TheYearOfSmallThings · 07/02/2023 09:44

I had this when I was buying - in one well known EA they wouldn't even show me new properties unless I bought a mortgage through them. They just showed details of a few that were already sale agreed, and made clear that they wouldn't be calling about new properties unless there was a mortgage sale in it for them.

Bluegingerbread · 07/02/2023 09:46

Happens more than you think. Last time we moved we were cash buyers and one estate agent refused to let us view at all. We let the vendor know and it turned out the agent had withheld several viewings. They sacked the agent and shortly after that his agency sacked him. Rumour was that he had a habit of creating a false lack of interest on some properties so he could get them sold to a property developer friend for below market value when you were getting desperate and of course, take a bribe.

SoCunningYouCanStickATailOnItAndCallItAFox · 07/02/2023 09:51

I'd be ensuring this estate agent made no money from my sale. Can't abide this below counter unprofessional conduct.

BatshitBanshee · 07/02/2023 09:54

Sellsellseller · 06/02/2023 16:27

Haha! The good reputation! Spat my coffee out laughing at that one. You’ve made me smile : )

Show quote history

"Good reputation" also made me chuckle.

Can you go back to prospective buyer and ask them for proof of their follow up offers?

In any case I would speak to solicitor pronto and ask them where you stand before I engage with the EA anymore.

bilbodog · 07/02/2023 09:57

Ive worked in EA - they HAVE TO report any offers received and should always put them in writing as well. I would speak to the manager or above and ask for a list of all offers received so far as well as speaking to your solicitor. Hope you manage to sort it out.

99percentchocolate · 07/02/2023 10:03

Matildatoldsuchdreadfullies · 06/02/2023 17:06

When I was selling last year, an offer was made by someone who hadn’t seen the flat. The EA took it upon themselves to tell them that they wouldn’t put forward an offer until they’d actually seen the property. I have no idea what the logic was behind this. Fortunately, they still wanted the flat after they saw it.

When the flat was sold, the EA asked me if I’d give them a 5* rating. I said, politely, not a chance. Strangely, the customer service questionnaire never arrived in my inbox.

Isn’t it illegal to sell or rent a property without having seen it in person first?

CowSnail · 07/02/2023 10:08

Was it Connells? They did the same to us.

Chickenly · 07/02/2023 10:09

99percentchocolate · 07/02/2023 10:03

Isn’t it illegal to sell or rent a property without having seen it in person first?

Show quote history

No?! Why on earth would that be illegal?

Bluebellysmell · 07/02/2023 10:21

Not Foxton was it?

Kennykenkencat · 07/02/2023 10:33

The reason I know this is because the buyer has popped a note through my door also with a print out of an email the estate agent sent them basically saying she can’t guarantee the property to the buyer unless she goes with their in-house services

I had this with a buyer phoning my private home telephone number complaining that the EA had guaranteed her the house as she had paid them a deposit (£50) to hold it for her. I had to point out the EA were agents and couldn’t guarantee anything as they didn’t own the property

We had gone with someone who was offering the full asking price

ncedforthisone · 07/02/2023 10:39

I had this, where an EA did not want to put my offer through because I was not willing to use their mortgage services. I already had a mortgage broker, who had put time and energy into helping me get a decision-in-principle, etc., and felt bad then going with someone else! They refused to put my offer through to the seller. The estate agent said the sellers insisted on the buyer using in-house services. 🤔

I have no idea if this is true. I wish I had reached out to the buyer directly, but felt this was intrusive, and was afraid they would not believe me. (I was told in person by an estate agent.)

At the time, I looked into their standard of practice. It appears they have a non-binding kind of charter for the profession. It is not illegal for them to not put through an offer on the basis of not being willing to use in-house services, but it is considered unethical.

ncedforthisone · 07/02/2023 10:41

(not a lawyer, so perhaps I misunderstood what I read.)

Jmaho · 07/02/2023 11:03

This happened to us about 8 years ago
We put an offer in on a house we liked through a very large national firm
We had already SSTC. They didn't pass our offer on as we wouldn't have an interview with their mortgage advisor. This was despite me working in mortgages myself and at the time being able to get a discounted staff rate. They still insisted we speak to their advisor as they were sure they could get us a better deal
We ended up finding a different house

Sirius3030 · 07/02/2023 11:08

Why can't you just go in and have a polite conversation with them in person? You will hear their version of events and then you can make an informed decision. Seems fairly straightforward to me.

America12 · 07/02/2023 11:20

This happened to me as a buyer.
I ended up not buying the property but the seller sacked the agent.

Greentree1 · 07/02/2023 11:25

I would play innocent and tell the agent you have had a message from someone who is interesting in buying (and has already been in touch with the agency), were the agency waiting for more offers before discussing with you? You think it looks like a good offer, etc.

Years ago we were interested in buying a house, the agent told us not to talk to the seller as they were 'fragile', we later found out someone (who did talk to the seller) bought the house for less than we were willing to pay. Another house we were interested in at the time was bought (privately) by one of the agents selling it, at a knock down price. I had hoped things would have changed, but probably not a lot!

honeylulu · 07/02/2023 11:31

Isn’t it illegal to sell or rent a property without having seen it in person first?

No, why would it be? Overseas buyers do it all the time. Are you thinking of caveat emptor (buyer beware)? I.e. the buyer is responsible for undertaking its own enquiries - viewings, surveys etc. But you can opt for no enquiries. It doesn't make the sale "illegal".