Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to feel uneasy about our estate agent not taking the house off the market?

89 replies

sweetestpotato · 21/10/2024 14:20

We recently had our offer accepted on a house in a best-and-final bidding situation. The house is substantial and survey and conveyancing fees will be expensive. We were told by the estate agent that all viewings would stop, but the property would remain on Rightmove and Zoopla until after the survey has been done, as per the vendor’s request. They reassured us no further viewings would take place.

We’ve sent all the necessary documentation—proof of funds and our decision in principle (DIP)—and we emailed the estate agent on Friday asking if they could mark the property as “sold subject to contract” (SSTC) to reflect the commitment from both sides. We also offered for them to speak to our mortgage broker, who confirmed we're serious about proceeding. However, we’ve received no response from the estate agent since then. It was also us that had to chase the estate agent after we got the call that our offer was accepted in order to move things along. The estate agent has a sister company that they push for conveyancing and surveys and they have been in touch and pushy despite the inaction/silence from the estate agent.

While I understand the vendor might want some security, we’re about to spend thousands on a surveyor and solicitors, and without some assurance on their end, it feels a bit risky. AIBU to feel uneasy and want them to take the house off the market (or at least mark it SSTC) now that we've provided everything?
Has anyone else been in a similar situation? Would love some advice on how to handle this!

OP posts:
Coldfinch · 21/10/2024 16:17

GrannyWeatherwaxsHatpin · 21/10/2024 15:11

Section 9e of the Property Ombudsman's code of practice states that once a property has had an offer accepted on it, the agent must take the vendor's instruction as to whether the property is to be removed from the market. Of course, that depends on whether a) they've actually done this and b) what the vendor's instructions were if they have:

https://www.tpos.co.uk/images/codes-of-practice/TPOE27-8_Code_of_Practice_for_Residential_Estate_Agents_A4_FINAL.pdf

In your shoes I'd be tempted to pop round (after all, it's not like you don't know where the house is...) and say you can't get hold of the EA but wanted to check everything was OK because the house is on the market and you're getting a bit worried.

This!

I wouldn’t care about being „appropriate“ and happily bypass a lazy estate agent. Just be your politest self and apologise to the lady and have a little chat with her say you were in the area and would she mind. Wishing you the best of luck and hope it works out OP.

Hunnymonster1 · 21/10/2024 16:18

Coldfinch · 21/10/2024 16:17

This!

I wouldn’t care about being „appropriate“ and happily bypass a lazy estate agent. Just be your politest self and apologise to the lady and have a little chat with her say you were in the area and would she mind. Wishing you the best of luck and hope it works out OP.

She’s just been gazumped.

Hunnymonster1 · 21/10/2024 16:23

I have just had a quick research now thanks to this about gazumping didn’t realise that you should take out home buyers insurance so that you can get costs back if you needed to when things like this happen and that now 37 percent of house sales get gazumped and this lot want to change the law. https://hoa.org.uk/advice/guides-for-homeowners/i-am-buying/what-is-gazumping-how-avoid-it/

gazumping

Gazumping: What Is It? Is It Legal? - HomeOwners Alliance

What is gazumping? Is gazumping legal? How to REALLY avoid it happening to you, and what to do if you have just been gazumped.

https://hoa.org.uk/advice/guides-for-homeowners/i-am-buying/what-is-gazumping-how-avoid-it

Lakeyloo · 21/10/2024 16:23

Sorry to hear you've been through this. Best and final offers are an absolute joke. What's the betting one of the other parties has come back with a higher offer having been told they were unsuccessful. The agent will legally have to inform the vendor who possibly has family behind her calling the shots.
Obviously not meant to be and hopefully you'll look back having found something better, and be glad it didn't work out.

sweetestpotato · 21/10/2024 16:24

LlynTegid · 21/10/2024 16:12

I think expecting someone to update by mid-morning on Monday is a bit hopeful. If nothing say by Wednesday or Thursday, fair enough.

Sorry to hear about the gazumping.

Edited

Thank you.

To clarify, the offer was accepted almost two weeks ago. We have emailed many times and sent our official request that it be taken off the market on Friday.

OP posts:
m00rfarm · 21/10/2024 16:26

He is not your estate agent. He is being paid by the seller. Being gazumped does not necessarily mean you are going to lose the house. There is still a long way to go until the completion - anything could happen between then and now. Make sure the agent knows you are still interested, and then get going to find something better. Whilst remembering that the agent is NOT acting for you.

sweetestpotato · 21/10/2024 16:28

Lakeyloo · 21/10/2024 16:23

Sorry to hear you've been through this. Best and final offers are an absolute joke. What's the betting one of the other parties has come back with a higher offer having been told they were unsuccessful. The agent will legally have to inform the vendor who possibly has family behind her calling the shots.
Obviously not meant to be and hopefully you'll look back having found something better, and be glad it didn't work out.

This is exactly what happened. Apparently a couple with a lot of money who lost out on the best and final decided to put in a vastly improved offer after ours was accepted in the best and final.

The EA says they can’t tell us what the offer is so there’s no way for us to match it either. We offered the most we could from the outset anyway so we probably shouldn’t try to stretch to go higher regardless.

It’s devastating because this house was special to us so we offered well above asking and the most we could afford from the get go. So our best and final was the same offer. We did everything in our power to strengthen our position. We were so happy when it got accepted and now feel cheated out of it by this system.

OP posts:
Dotto · 21/10/2024 16:30

I do sympathise with the shock of being gazumped, it's horrible, but you were insisting on something that wasn't available, you hadn't actually progressed anything for two weeks, did you give them your solicitors details?

It's not totally surprising your seller and /or the agent lost confidence.

sweetestpotato · 21/10/2024 16:33

m00rfarm · 21/10/2024 16:26

He is not your estate agent. He is being paid by the seller. Being gazumped does not necessarily mean you are going to lose the house. There is still a long way to go until the completion - anything could happen between then and now. Make sure the agent knows you are still interested, and then get going to find something better. Whilst remembering that the agent is NOT acting for you.

Yeah I was rather quiet and clearly upset on the phone. I didn’t want to hear their voice so ended the call quite quickly. When I’ve absorbed the shock a bit more in a few days, I will consider sending an email saying our offer is still there if things fall through.

I know it’s not the EA’s fault but I can’t help but feel angry towards them. They have been so bad at communicating with us, all the while pushing us to pay for their conveyancing and survey as soon as possible with the threat that the property won’t get taken off the market until we do pay.

I don’t know exactly when this other came in but by how long it took them to sit down with the seller to discuss previous offers (because of her age and that she doesn’t have a phone), I can only imagine they were purposefully being elusive as they knew they had another offer to push to the seller.

OP posts:
sweetestpotato · 21/10/2024 16:35

Dotto · 21/10/2024 16:30

I do sympathise with the shock of being gazumped, it's horrible, but you were insisting on something that wasn't available, you hadn't actually progressed anything for two weeks, did you give them your solicitors details?

It's not totally surprising your seller and /or the agent lost confidence.

Edited

This is all assumptions and incorrect though.

We offered many times and dates but the EA said the seller couldn’t do any of them and when we asked for their availability we didn’t get it.

We had a solicitor as well. We were the ones to send all our documents before they were asked for. We had everything in place but hadn’t yet payed for a surveyor.

It was a very one sided affair and now I understand why.

OP posts:
Lakeyloo · 21/10/2024 16:38

sweetestpotato · 21/10/2024 16:28

This is exactly what happened. Apparently a couple with a lot of money who lost out on the best and final decided to put in a vastly improved offer after ours was accepted in the best and final.

The EA says they can’t tell us what the offer is so there’s no way for us to match it either. We offered the most we could from the outset anyway so we probably shouldn’t try to stretch to go higher regardless.

It’s devastating because this house was special to us so we offered well above asking and the most we could afford from the get go. So our best and final was the same offer. We did everything in our power to strengthen our position. We were so happy when it got accepted and now feel cheated out of it by this system.

That's rubbish 🙁What do people not understand about the word "Final" ?!
In my experience, these kind of people usually end up gazundering the seller at the last minute, once its too late to pull out. The system is rubbish.
Lets hope they all get what they deserve and you end up with the house of your dreams.

Dotto · 21/10/2024 16:38

sweetestpotato · 21/10/2024 16:35

This is all assumptions and incorrect though.

We offered many times and dates but the EA said the seller couldn’t do any of them and when we asked for their availability we didn’t get it.

We had a solicitor as well. We were the ones to send all our documents before they were asked for. We had everything in place but hadn’t yet payed for a surveyor.

It was a very one sided affair and now I understand why.

Yes I've edited my post after re-reading, apologies.

It's probably just as well, overall.

If you feel the estate agent has been punishing in their treatment of you, for not accepting their own recommended services, do report them, as it's illegal. Did they issue the memo of sale?

m00rfarm · 21/10/2024 16:39

Chances were both offers came in more or less at the same time. The agent HAS to keep showing the property and putting offers to the owner by law. They have done nothing wrong. You just need to be super quick. If you offered well above asking and have been gazumped, then clearly the house was worth more than advertised and the ad attracted a lot of interest.

wonderings2 · 21/10/2024 16:41

I wouldn't be happy with this either. Our sellers wouldn't take the house off the market until the the agreement in principal was received but the EA said he wouldn't be accepting any more viewings (and he didnt) but we were talking a matter of days surveys etc take far more time. I think they are hedging their bets 🤔

sweetestpotato · 21/10/2024 16:43

Dotto · 21/10/2024 16:38

Yes I've edited my post after re-reading, apologies.

It's probably just as well, overall.

If you feel the estate agent has been punishing in their treatment of you, for not accepting their own recommended services, do report them, as it's illegal. Did they issue the memo of sale?

No, not yet. We had done everything from our side and sent all our documents as soon as our offer was accepted but just hadn't heard anything back fro the EA. I even sent a follow up with our mortgage broker's details to see if that would help.

There's no way we could prove they were being unfair. I think in all honestly, they are probably being truthful and that another couple just offered loads more money after the best and final was over.

Thank you for your words and advice, I appreciate it.

OP posts:
Notreat · 21/10/2024 16:44

I can see it from both sides after having had a buyer who pulled out at the last minute. Because sometimes buyers are put off if a house has been taken off the market and then quickly put back on again. So some estate agents keep the house on the market until contract exchange, they don't accept viewings during that time but it means they are ready to go straight away if the buyer pulls out after a survey.

I'm sorry I have just seen that you were gazumped.
You have probably had a narrow escape as they were obviously not trustworthy.
I hope you find something else better soon.

sweetestpotato · 21/10/2024 16:44

m00rfarm · 21/10/2024 16:39

Chances were both offers came in more or less at the same time. The agent HAS to keep showing the property and putting offers to the owner by law. They have done nothing wrong. You just need to be super quick. If you offered well above asking and have been gazumped, then clearly the house was worth more than advertised and the ad attracted a lot of interest.

It was a great house. It went to best and final due to all the interest. We were picked originally two weeks ago. The EA says that only now, two weeks later, a couple that missed out by offering a smaller amount in the best and final have decided to pay a lot more.

OP posts:
fruitbrewhaha · 21/10/2024 16:44

Oh arse. Something will come up, and you’ll look back and probably be glad this happened.

Plus, you’ll know where these bastards live.

Led921900 · 21/10/2024 16:45

Aw so sorry OP I was going to say in English law SSTC doesn’t actually mean anything anyway the seller can still pull out up to exchange of contracts. At least it came before you spent money on surveys.
It wasn’t meant to be I hope you find something soon!

sweetestpotato · 21/10/2024 16:46

Notreat · 21/10/2024 16:44

I can see it from both sides after having had a buyer who pulled out at the last minute. Because sometimes buyers are put off if a house has been taken off the market and then quickly put back on again. So some estate agents keep the house on the market until contract exchange, they don't accept viewings during that time but it means they are ready to go straight away if the buyer pulls out after a survey.

I'm sorry I have just seen that you were gazumped.
You have probably had a narrow escape as they were obviously not trustworthy.
I hope you find something else better soon.

Edited

Yeah I do get it. But some show of good faith by putting SSTC or under offer would have been all that was needed to show comitment from both sides. We have been gazumped now anyway so my initial post is redundant.

OP posts:
m00rfarm · 21/10/2024 16:46

Best and final is not legally binding. You can go back and offer more if you want to. The agent has to put it to the owner.

sweetestpotato · 21/10/2024 16:47

fruitbrewhaha · 21/10/2024 16:44

Oh arse. Something will come up, and you’ll look back and probably be glad this happened.

Plus, you’ll know where these bastards live.

Yes, I will now have to suffer driving past their wonderful in house in envy on my way to work 😂

OP posts:
sweetestpotato · 21/10/2024 16:49

m00rfarm · 21/10/2024 16:46

Best and final is not legally binding. You can go back and offer more if you want to. The agent has to put it to the owner.

I know, I know...

Doesn't make it any less heart breaking. I would rather have lost out initially than built up my hopes and dreams thinking I could really get it and then have the carpet swept out of under me though! It is a cruel, cruel system. The other couple clearly knew all this, offered less and then only when they didn't win the best and final went with a very high offer. The house was clearly to expensive for us in the end and I will learn to accept that. I knew not to get my hopes up but it happened anyway.

OP posts:
Notreat · 21/10/2024 16:50

sweetestpotato · 21/10/2024 16:46

Yeah I do get it. But some show of good faith by putting SSTC or under offer would have been all that was needed to show comitment from both sides. We have been gazumped now anyway so my initial post is redundant.

House buying and selling is so stressful for everyone. The system here is crazy.
I saw after I posted that you had been gazumped so edited my post
I hope you find something soon as least you didn't waste money on surveys.

Bushmillsbabe · 21/10/2024 16:52

I appreciate that you have been gazumped (sorry, that's rubbish, we had that happen about 4 times before we bought), but did you have your surveyor booked and proof sent to EA?
We were told viewings would continue until we had shown evidence of surveyor booked and paid for as proof of our intent to proceed. We offered and agreed sale before it even made it onto rightmove, so we knew we had to move quickly to get it secured, and they did then add SSTC once surveyor had been.
It is cut throat, especially in desirable areas near good schools.
Hope you find somewhere you love even more