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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:
AllTheThingsIWantAreHere · 10/02/2023 11:21

Wow, this is really bad.

I wouldn't report it to the Estate agency ombudsman, this isnt a minor issue that's needs mediating. This is illegal practice and it's needs to be reported to the body that enforces the relevant legislation.

Which is The National Trading Standards Estate Agency Team

MrsPinkCock · 10/02/2023 11:24

I’d go down to the EA in person with your letters and a printout of the legislation and watch them squirm! Don’t do it by email or over the phone, it would be far less satisfying!

Unbelievable and I thought our EA was dodgy!

AllTheThingsIWantAreHere · 10/02/2023 11:25

Interesting article here on similar shenanigans HERE

Clacyharnet · 10/02/2023 11:25

@AllTheThingsIWantAreHere potentially it’s also one for the FCA as well if the mortgage advice side of the business is requiring people to take out one of their products as a condition of sale .

Ireallydohope · 10/02/2023 11:33

Well the great thing is that as the EA have washed their hands of this buyer you and the buyer can go directly to your solicitors and sort it out between yourselves bypassing any EA fees

I see this as a sun

Ireallydohope · 10/02/2023 11:34

As a win

Not sun

Shescominghome · 10/02/2023 11:37

AllTheThingsIWantAreHere · 10/02/2023 11:25

Interesting article here on similar shenanigans HERE

Ah, yes the estate agent I put an offer through is listed on there.

Well shit. Very brazen if they're still doing it despite being shamed!

Dwellingbuyingdilemma · 10/02/2023 11:49

This week I've had some shenanigans. Asked to view a property with an agent they came to me with a time I couldn't do and within the hour came back and said it's off the market now with an offer accepted.

I've seen the property is also being advertised through another agent so ive approached them and got a viewing, property isn't under offer.

Why are EAs like this?

Pipsquiggle · 10/02/2023 12:13

I honestly believe that if a political party said they would do a root and branch reform of the buying and selling of properties in England & Wales that it would be a vote winner.

Why is buying / selling a house in England & Wales such a ball ache?
EA are just a product of a really bad process /system

Shescominghome · 10/02/2023 12:17

Pipsquiggle · 10/02/2023 12:13

I honestly believe that if a political party said they would do a root and branch reform of the buying and selling of properties in England & Wales that it would be a vote winner.

Why is buying / selling a house in England & Wales such a ball ache?
EA are just a product of a really bad process /system

100% agree x

billy1966 · 10/02/2023 13:48

A friend of mine has a large garden with a small back access point from a road behind them.
It is 100% their land and could be used as an entrance for a mews/retirement house down the line.

It would park about 4 cars, so not huge but definitely valuable and useful.

It is occasionally used to put things into their shed at the very end of the ganden and is accessed via a gate at the back of the garden.

A terraced house shares a small part of the boundary but they have never had any contact with the owners and don't know them.

They have no rights whatsoever to this piece of land.

Imagine her surprise to hear some activity going on down there and when she went down to investigate, found a truck with work men installing a gate so that this other house would have access to the road and the land to use as a back entrance too.

Turns out the house had been recently sold and was to be fully renovated and they were led to believe they had a right of access.

They were informed by the bidding builders that a back access point would be most advantageous cost wise so they were going ahead with installing access......all on the word of an EA.

Unbelievable.

The builders couldn't believe what they were hearing when my friend firmly corrected them, stopped immediately, as my friend very quickly filmed the interaction.

The new owners were called as were the BIL of my friend who is a solicitor.

Nothing is on paper so the EA has completely denied giving any such information and has stated that the general advice of the option to approach a new neighbour and make an offer of payment for access, is absolutely the only suggestion he might have made.

A he said, she said kind of thing!

The youngish and she thinks, a bit naive new owners were adamant they were told this.

However, as historically there was no access my friend doesn't know what to think, but suspects in the heat of a sales pitch they were told what they wanted to hear and chose to run with it.

There was a bit of back and forth, but they clearly hadn't a leg to stand on, so
the negotiated agreement was that they would be granted access for a limited amount of time, pay rent for the privilege and would build and pay for a wall, lay fresh gravel etc., upon completion.
They also had to sign an unequivocal acceptance of absolutely no claim to the land.

It was still saving these people substantial money as the access for the builders was just so much easier, not necessitating a crane, not on the main road etc.

Personally I have met what I thought were a couple of decent EA's but truth is I wouldn't trust them as far as I'd throw them.

Far too many friends have had bad experiences where they behaved with neither honestl nor with honour, ie driven totally by their cut.

As buying a house is for most people their single largest purchase, the stakes are very high.

Also another friend has high trees at the end of her large garden and when a bordering house to the very back of her garden was sold, she had a registered solicitors letter to the new owners sent, reminding them that the trees were on HER boundary side and their height etc. was NOT to be touched.

She also said god knows what the EA has told them.

Seems to be a common view!

TalkingToad · 10/02/2023 13:51

Dreadful.

Remember bidding for a house years ago, had the highest offer accepted, an old ruin being sold by owner's children, we had everthing in place to buy. We had the offer dropped though the EA never told us, a neighbour of the house we were buying did!
Fortunately got in touch with sellers privately, and the EA had convinced them the other offer was 'better' that meant there was a chain they wanted and also someone signing up for a mortguage product. The EA and mortgage people were the same name, how it wasn't a conflict of interest I don't know. We tried to up the offer but the EA wouldn't pass on our offer to the vendor.
We ended up offering the seller x ammount of money for fixtures and fittings, got them to sign sign infront of witnesses and the sale went to us.
The EA were so angry, practically snarling when they gave me the keys.

It is an industry that needs regulating more closely, playing God with other people's money and property.

2Bornot · 10/02/2023 13:54

The eatate agent is legally obliged to tell you about all offers

Trying to force the buyer to use their in house services is corruption.

I would formally terminate the contract with the estate agent and state in the termination notice that the termination is a reault of the estate agent’s breach of contrwctbincluding implied terms and duties auch as the duty to act in gokd faith and reasonably. IF you get the wording of that letter right you PROBABLY won’t owe the agent any money but you need to be really careful what you write. As tjousands of pounds are at stake I would suggest you drafting the letter then hiring a lawyer to correct your letter and send the letter from the lawyers.

Fifi00 · 10/02/2023 13:55

EAs tend to be cowboys never trust them, they will try to screw both sellers and buyers.

TalkingToad · 10/02/2023 14:05

Shescominghome · 10/02/2023 11:07

DH suggested we drive there tomorrow for a nose around the city anyway. So I'll just drop a note in :)

Yes do it.

The EA's thrive on the vendors and buyers not being in communication.

Robyn847 · 18/02/2023 07:21

@Sellsellseller Any update on this? I really hope it turned out to your advantage.

I'd have been tempted to put a small ad in the local paper with a photo of your house, saying "If you offered on this house with XXXX Estate Agent please email us on xxxxxx as We're aware offers haven't been communicated to us".

IMustDoMoreExercise · 18/02/2023 11:11

@Sellsellseller

Any update OP?

UsingChangeofName · 18/02/2023 13:15

Pipsquiggle · 10/02/2023 12:13

I honestly believe that if a political party said they would do a root and branch reform of the buying and selling of properties in England & Wales that it would be a vote winner.

Why is buying / selling a house in England & Wales such a ball ache?
EA are just a product of a really bad process /system

Totally agree.
Sadly, I have been saying this for over 20 years, since the nightmare of our last move.

UsingChangeofName · 18/02/2023 13:21

Stopthebusplease · 10/02/2023 01:29

As an ex estate agent I can't help wondering whether some of this might be down to interpretation. Yes, I know there are still dodgy agents about. However, the agent, while admittedly getting paid for referrals to their 'Financial Advisor', is also providing a service to their client, in as much as they are checking that the buyer does actually have a mortgage offer in place, or, if the buyer says they are a cash purchaser, the financial advisor, can then ask for sight of their bank accounts, etc, before putting forward an offer which might be accepted otherwise, when perhaps the buyer doesn't actually have the money in the bank, but will only have it after selling their property, which may not even be on the market at that point. Of course they want to sell you a mortgage or other financial product, but at the end of the day, buyers who refuse to provide proof that they are actually in a position to proceed, may well turn out not to be.

So before you put any accusations in writing OP, I would be inclined to check with the agent whether they have actually received any offers from these people, as it is possible that the buyers have misunderstood the reasons they've been asked to see the Financial Advisor, and have got the hump, because naturally they want their offer to be first in line for consideration, and they don't see why they should have to have things checked out first, whereas the agent should want to be in a position to firmly recommend acceptance or refusal, knowing all the facts.

Once again I reiterate I am FULLY aware that dodgy dealings DO still go on, so please don't bite my head off, just wanted to put another perspective to you.

I am a big fan of people offering perspective from 'the other side' in debates on here, but this shocking practice really does happen.

I've supported 3 young couples to buy recently (as in advice - I'm not going round randomly handing out deposits Grin ) and they have all had it happen with them.
All had the MiP, in writing, via their brokers, and all came up against EAs who refused to let them book a viewing due to the fact they refused to then have an hard sell appointment with the EA's Financial Advisors.
I did suggest to all of them they put a note through the doors of the houses to let them know they were genuine first time buyers with funds in place and the EAs wouldn't let them view even, but I don't think any of them got round to it, as - not having viewed - they weren't as invested, and were all looking in areas where there were equivalent alternatives they could view.
It seems common practice that EAs aren't open with the vendors who are paying them.

mamabear715 · 18/02/2023 13:24

WOW.. these agents need naming & shaming, don't protect them..

Abc12389 · 18/02/2023 13:33

The Financial Times were all over this last year. I suggest you contact them:

www.ftadviser.com/mortgages/2022/02/25/mortgage-brokers-warn-conditional-selling-by-estate-agents-is-endemic/?page=4

Abc12389 · 18/02/2023 13:36

Ask the buyers to email the agent asking for an update on the offer of £x made on x date on x house. Ask them to confirm what day it was put forward too.

custardbear · 18/02/2023 13:37

Wow!!
Report them to whomever will listen'
What was the outcome?

bowlingalleyblues · 18/02/2023 13:43

This happened to someone I know, they were the buyer. They bought privately from the seller in the end.

LookItsMeAgain · 18/02/2023 14:01

@Sellsellseller - just wondering how you're getting on? Has your solicitor done anything since you brought it to their attention?

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