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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
honeylulu · 07/02/2023 11:34

OP this is serious misconduct by the EA, a breach of the duty of mutual trust and confidence. You can propose to terminate the contract on this basis so they don't get the commission if you sell to this buyer. They are likely to resist but I suggest if you propose to refer the issue to the Ombudsman they will rapidly back off and let you go as they are in a very difficult position, professionally and legally.

Kennykenkencat · 09/02/2023 13:48

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".

Bought my last house without viewing.
Bought a couple of flats without viewing,

If I had waited to view I would have missed out on buying

Original poster
Sellsellseller · 09/02/2023 21:32

UPDATE! It gets worse!

I haven’t read all the posts yet but will.

Had another lady knock on our door last night, the estate agents are saying they can’t guarantee her the property unless she goes with their in house services too. She lives not too far so knocked to explain to us that she already has a mortgage in principle and is desperate to stay with them as she has a good rate and would we please reconsider!!

We said the EA can’t promise it to anyone as we’re selling it to who we choose and also we don’t care what mortgage people you go with.

So that’s 2 people now. The EA has probably put other people off who would have offered but just accepted the response from them (and maybe didn’t want to knock on our door to plead their case)

Can you believe this! This is a well known ea around these parts too.

OP posts:
LookItsMeAgain · 09/02/2023 21:38

@Sellsellseller - please bring this to the attention of your solicitor so that they can advise you if it's possible to break your contract with the EA with no financial penalties.

Your EA has not lived up to their legal requirements at their end of the contract so I would be hoping that you can leave without having to pay them anything, not even their printing and advertising fees.

Please check with your solicitor though.

larchforest · 09/02/2023 21:42

Sellsellseller · 06/02/2023 16:07

All I have is a letter from the lady and also the fact I know the estate agent hasn’t told me about the second and third offer and a few text messages exchanged between the two of us including an email about how the EA can’t guarantee the property to her without her using in house services.

Basically they know she wants my home and bullying her to go with their mortgage guy instead but she said no and had a feeling they wasn’t putting her offers through so dropped a note through my door and it’s true as they didn’t tell me about her other offers

What does the agent mean by they "can't guarantee the property to her without her using in house services"?

They are an agent. It isn't their house to sell, it's yours. I wouldn't be happy about that at all. There shouldn't be anything stopping you from selling the house to whoever you want to, whether they use the agent for their other services or not.

I would be livid.

DashboardConfessional · 09/02/2023 21:42

They are not allowed to do this. They can be fined by the regulator. Tell them you know they're doing this and you want all the offers right now or you will complain to the ombudsman.

SnarkyBag · 09/02/2023 21:47

Sellsellseller · 09/02/2023 21:32

UPDATE! It gets worse!

I haven’t read all the posts yet but will.

Had another lady knock on our door last night, the estate agents are saying they can’t guarantee her the property unless she goes with their in house services too. She lives not too far so knocked to explain to us that she already has a mortgage in principle and is desperate to stay with them as she has a good rate and would we please reconsider!!

We said the EA can’t promise it to anyone as we’re selling it to who we choose and also we don’t care what mortgage people you go with.

So that’s 2 people now. The EA has probably put other people off who would have offered but just accepted the response from them (and maybe didn’t want to knock on our door to plead their case)

Can you believe this! This is a well known ea around these parts too.

Have you not challenged the estate agent yet?

StillWantingADog · 09/02/2023 21:53

Sounds altogether very dodgy but have you not asked the agent what they are playing at?

it does sound like you were a bit offhand with the lady that came round. I’d be taking down numbers and asking them to put in offers again once the issue with the agent is sorted. As pp suggested, mentioning getting in touch with the the ombudsman is likely to get them to fall in line.

best case scenario though is get them to agree they’ve broken the contract and either instruct a different agent or buyer directly if you have one you’re happy to deal with

BananaSpanner · 09/02/2023 21:56

This has been going on for several days. What have you done about it?

AlanThePig · 09/02/2023 22:06

it doesn’t surprise me.
when DH and I bought our current home it had been with the EA for a few months (simpler times lol). The owners had it as a rental managed by the EA but if was up for sale or rent. We desperately wanted to buy and had decided on seeing it from the outside alone that we wanted it.
called the EA who told us that they couldn’t pass on our details. They were obstructive and quite rude.

A bit of detective work and I tracked the owner down via Facebook, unfortunately a day too late as it had been rented with a 12 month agreement. We carried on looking but nothing really came close to this house for us. The owner contacted us at the end of the 12 months and we met for a coffee and agreed to buy, involving no EAs.
Our seller eventually sued the EA for mismanagement and included their refusal to pass on interest in her case. She did win and got all her management fees etc back.

Im probably pig headed enough to speak to my solicitor and see if I can extracts myself from the agent to be honest OP. Good luck.

ApolloandDaphne · 09/02/2023 22:18

You have known about this since Monday. Why haven't you demanded an answer from your EA about their shoddy and illegal practice?

Chesure · 09/02/2023 22:21

This must be reportable. Who regulates estate agents?

Sugargliderwombat · 09/02/2023 22:24

I had exactly this OP is it Barnard Marcus? They legally have to tell you about the offer, our sneaky estate agent told them (we were the buyer) that we pulled out. We hadn't.

watchfulwishes · 09/02/2023 22:29

What are you doing about it? Have you spoken to your solicitor?

TortolaParadise · 09/02/2023 22:56

Call you EA, pose a someone interested in viewing the property (or get a friend to and listen in on loud speaker). How enthusiastic do they sound about selling your property? This can tell you plenty about their ethics.

ACynicalDad · 09/02/2023 22:59

Your EA has broken the contract. Now sell it privately to this person and they won’t get the fee. I’d report them to trading standards too - if they never get in trouble they will never stop.

cadink · 09/02/2023 23:01

I would legally pull the estate agent up on it and threaten to tell the local paper

Mexicola · 09/02/2023 23:08

That’s awful. When I was buying my home I already had a broker and a solicitor, we got really shot service, the seller hadn’t even filled in the PIF forms after 8 weeks and the agent did nothing to chase it up all.

caringcarer · 09/02/2023 23:23

That is shocking. I'd definitely challenge the EA. I'd consider selling to people who put letter through your door. They seem keen to buy your house.

MrsMoastyToasty · 09/02/2023 23:28

Just found this www.tpos.co.uk. it's an ombudsman for estate agents. Might be worth threatening them...

airfryerandelectricblanket · 09/02/2023 23:41

If the EA are not sticking to the agreement then why should you.

Speak to your solicitor and explain the situation. You may be able to sell to them directly and save the EA fees!

RosyappleA · 09/02/2023 23:54

Very out of order but I expect no less. EAs are some of the dodgiest people I’ve known.
For example, I know one made a deal with a buyer that they would tell the seller there aren’t any more offers on their house and to accept selling for less, whilst he then accepted a hefty tip from the buyer for getting it at a lower price!
Many true stories like this.

surreygirl1987 · 09/02/2023 23:58

Oh my god that's appalling!

AngeloMysterioso · 10/02/2023 00:12

Sellsellseller · 09/02/2023 21:32

UPDATE! It gets worse!

I haven’t read all the posts yet but will.

Had another lady knock on our door last night, the estate agents are saying they can’t guarantee her the property unless she goes with their in house services too. She lives not too far so knocked to explain to us that she already has a mortgage in principle and is desperate to stay with them as she has a good rate and would we please reconsider!!

We said the EA can’t promise it to anyone as we’re selling it to who we choose and also we don’t care what mortgage people you go with.

So that’s 2 people now. The EA has probably put other people off who would have offered but just accepted the response from them (and maybe didn’t want to knock on our door to plead their case)

Can you believe this! This is a well known ea around these parts too.

KF by any chance?

YankeeDad · 10/02/2023 00:51

I think you should ask your solicitor to advise on what your options are and in particular whether you can ditch the EA without paying them anything, given their egregious behaviour.

In your place I would be calling them first thing in the morning. It’s lucky that you have two prospective buyers who were unwilling to take the EAs crap and came to you directly.