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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

or even immoral over house sale? Legal/ estate agent input especially welcome

96 replies

horsish · 19/03/2008 17:38

I have been trying to sell my house for months without much luck. Recently a potential buyer, mr X liked the house, had it surveyed, and said he was prepared to offer x amount (quite a bit below asking price), realised this was less than we hoped but wanted to be upfront BEFORE putting offer in.

We thought about it and agreed to accept an offer of that amount and told him so. He is currently overseas and emailed back to say he would indeed be putting in an offer for x.
That was ten days ago and i have not heard from him.

I was for taking it off the market but agent advised not to till legal offer received.

Meanwhile Mrs Y comes along , loves the house and offers Y which is ABOVE the asking price. Estate agent has ben trying to get a hold of Mr X ( who is NOT likely to up his offer anyway)but he is not answering any communication

AIBU to accept the higher offer having verbally agreed the lower ( which has not been made in writing)?

OP posts:

Carmenere · 19/03/2008 17:40

YANBU, he can always match the asking price if he wants.

Carmenere · 19/03/2008 17:41

Mind you, who is in the better position chain-wise. a lot of sales are falling through because of the credit crunch atm so if his money is safer maybe go with him.

Lauriefairycake · 19/03/2008 17:42

of course you're not being unreasonable - he has had 10 days to do this and is currently uncommunicative

good luck with your house sale

WanderingTrolley · 19/03/2008 17:42

Assuming you're in England and you're not breaking the law, YANBU. Not your problem if he can't afford more than he's offered - also no way of knowing if he's telling the truth either.

sparkleymummy · 19/03/2008 17:43

No. You need to get the best price possible, particularly in this market. He hasn't even formally put in an offer. You might never hear from him again. Accept the higher offer IF Mrs Y is actually in a position to proceed ie if she has sold her house. If she hasn't then her offer isn't worth anything in a market where property is hard to sell.

tootiredtothink · 19/03/2008 17:43

As much as i absolutely hate gazzumping (sp?), if you have not had a formal offer and can't even get hold of the man i would say accept this offer. If its taken him this long to even put through offer then how long will it take for him to buy the house?

PortAndLemon · 19/03/2008 17:43

Absolutely YANBU. He's not actually made an offer, just told you that he was going to do so and not done it.

bran · 19/03/2008 17:44

There is no moral conflict here. Mr X has not put an official offer in, if he really wanted the house he wouldn't be stalling with his offer. Accept the higher offer.

Kindersurpise · 19/03/2008 17:45

No, he has not put in an offer and is not unreachable.

If he wanted the house, he has had plenty of time to get in touch.

Kindersurpise · 19/03/2008 17:45

not

girlfrommars · 19/03/2008 17:46

Unless you agreed to take it off the market you aren't being unfair. Legally you're free and clear too.

edam · 19/03/2008 17:47

Mr X hasn't actually put in a formal offer, it seems, so you are completely free to go with any other buyers. Legally you can ditch buyers with no come-back right up to exchange of contracts.

minouminou · 19/03/2008 17:53

go for it...did you accept the offer in principle?
as long as you haven't taken it off the market, accept the higher offer
we're in a similar situation to Mr X at the mo, and, while we'd be upset at losing the house we put the offer on, we wouldn't blame the seller, as she's told us she'll be keeping the house on the market until we're in a position to complete
good luck....it's a NIGHTMARE at the moment, innit?

Youcannotbeserious · 19/03/2008 17:54

Sod it, take the higher price....

I don't think you are being unreasonable at all...

How would you feel if you turned down Mrs Y and then Mr. X reappeared and said he wasn't interested or he couldn't proceed?

blueshoes · 19/03/2008 18:21

No brainer, horsish. Accept the higher offer from the buyers who are communicating with you.

LIZS · 19/03/2008 18:29

In England if you haven't exchanged contracts,there is no legal issue,since gazumping is not yet illegal even with a written offer in place. As Mr X isn't responding you can't even go to full and final offers to give hm a chance to up his offer. If you still feel bad ask EA to notify him that unless you receive a revised written offer by x date you assume he is no longer interested and will proceed on that basis.

babbi · 19/03/2008 18:48

YANBU - go with the higher offer .Mr X can always match it if he does get in touch again.
TBH I would question how keen he is if he cannot be contacted , in the process of buing a house I would ensure I could always be reached .....

lalalonglegs · 19/03/2008 19:38

Take the second offer - Mr X sounds as if he was just testing the market or is complete fantasist.

lalalonglegs · 19/03/2008 19:39

PS I wouldn't be surprised if he was some estate agent stooge helicoptered in to see how low you would go but then I'm a cynical old beggar.

Kitti · 20/03/2008 18:16

You only agreed that you would accept the offer once it was made - it hasn't been formally made therefore you have not made a formal acceptance. If your estate agent has an address for him they should send him a letter informing him that as you have not heard from him for x amount of time and he has not been in touch you have now accepted another higher offer. If he then wants to come back and make another offer I would tell him to stick it because by then you would have formally accepted an offer. If this is his behaviour now imagine how difficult he could make the whole selling process. He could withdraw his offer or offer an even lower sum the day before or on day of exchange. I think he's messed you about enough. Good luck in your sale. I have been trying to sell for a year now and had one girl come back 3 times and now says it's too big for her!!! (er hello? it didn't just increase in size overnight!!)

Original poster

horsish · 07/04/2008 23:00

does anyone have further thougths on this?

OP posts:

Lauriefairycake · 07/04/2008 23:03

It's 3 weeks later - what's happening now ??

katwith3kittens · 07/04/2008 23:12

I've recently bought a house and dealing with the vendor was a nightmare as he was impossible to track down as he was exploring the jungle in peru Honestly it was true - I kid you not!

Interested to find out what you decided to do tho .............

Original poster

horsish · 07/04/2008 23:12

Things have taken a really peculiar turn but I am loath to say for fear of being identified!

I just wondered if most people still thought I was wrong to accept higher offer from Mrs Y.

OP posts:

ShinyPinkShoes · 07/04/2008 23:15

You were right and completely within your rights to take the higher offer

Hope things are okay

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