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Original poster

Estate agent saying we have to sign a contract preventing us pulling out of sale

34 replies

Howtonamechange · 08/08/2024 15:44

Going to view a house this weekend.
EA very arsey on the phone. Says we have to sign a contract preventing us pulling out of the sale if we decide to proceed.

Is this a thing?
Is it legally binding?

I don't remember anything of the sort when buying our home 6y ago.

Thanks.

  • this is not a debate on the ethics of pulling out of a house sale at the last minute
OP posts:
Boltonb · 08/08/2024 15:46

I’ve never heard of that. What happens if you have a bad survey?!

Original poster
Howtonamechange · 08/08/2024 15:46

No idea. This is just what the EA said

OP posts:
Lovepeaceunderstanding · 08/08/2024 15:46

Presumably you will be appointing a solicitor, I should ask them and potentially get them to speak to the agent.
My gut instinct would be to tell the agent to bog off. 😉

summerlovingvibes · 08/08/2024 15:46

No this isn't a thing as far as I am aware. Perhaps something that the individual estate agent does, but it definitely can't be legally binding.

Perhaps they do it to entice sellers by offering them buyers "that are guaranteed not to pull out".

But there is no way of making this legally binding.

ARichtGoodDram · 08/08/2024 15:47

I'd walk away from that. An estate agent trying to legal bind you to a sale before the sale is legally binding is not to be trusted imo

WestminsterWanderer · 08/08/2024 15:49

Is it a modern auction?

MissMoneyFairy · 08/08/2024 15:50

What country is this, never heard of this, ask them why its needed. Have they told the vendors they can't pull out too

Original poster
Howtonamechange · 08/08/2024 15:50

WestminsterWanderer · 08/08/2024 15:49

Is it a modern auction?

No. Just a standard home from Rightmove

OP posts:
Original poster
Howtonamechange · 08/08/2024 15:50

Lovepeaceunderstanding · 08/08/2024 15:46

Presumably you will be appointing a solicitor, I should ask them and potentially get them to speak to the agent.
My gut instinct would be to tell the agent to bog off. 😉

Yes also my instinct lol

OP posts:
Original poster
Howtonamechange · 08/08/2024 15:50

MissMoneyFairy · 08/08/2024 15:50

What country is this, never heard of this, ask them why its needed. Have they told the vendors they can't pull out too

England.

OP posts:
Owlcat42 · 08/08/2024 15:51

I’m pretty sure it wouldn’t be legally binding if you’re in England/Wales. If you want the house you’ll need a lawyer anyway and you could ask them. But personally it might put me off buying, because i smell trouble.

Yes our house-buying system is annoying for all concerned, but why be unpleasant to would-be buyers?

Straightouttachelmsford · 08/08/2024 15:51

It's unenforceable and they're behaving beyond the law. Basically conveyancing (and it's not great in England and Wales) is the way to check the title of the property before a contract is formed. That's the entire point of the process, so that you are informed at the point of exchange and also the lender is protected.

I'd report them.

Marinel · 08/08/2024 15:51

What exactly does that clause in the paperwork say?

Original poster
Howtonamechange · 08/08/2024 15:53

Thank you everyone for confirming that this is unusual. I thought it was weird as well but maybe things had changed since my last house purchase.

I think we'll go and see and not sign anything until we've had solicitor advice obviously but it just seemed like a strange pressure to push forward and has raised my suspicions a bit.

OP posts:
Original poster
Howtonamechange · 08/08/2024 15:54

Straightouttachelmsford · 08/08/2024 15:51

It's unenforceable and they're behaving beyond the law. Basically conveyancing (and it's not great in England and Wales) is the way to check the title of the property before a contract is formed. That's the entire point of the process, so that you are informed at the point of exchange and also the lender is protected.

I'd report them.

Report to who?

OP posts:
Original poster
Howtonamechange · 08/08/2024 15:55

Marinel · 08/08/2024 15:51

What exactly does that clause in the paperwork say?

I don't know yet. My dh spoke to them on the phone and told me they'd said we would have to sign this paperwork. We haven't been to view the property yet

OP posts:
SauviGone · 08/08/2024 15:58

I’d go and view the property first.

If you like it, make your offer but refuse to sign anything. Tell the agents your solicitors will be in touch to discuss this highly irregular situation.

They are legally obliged to pass your offer onto the vendors. If they refuse, post a letter to the vendors telling them what their agent is up to.

Pomegranatemum · 08/08/2024 15:59

This sounds like it would be an “agreement to agree”, which could be unenforceable anyway.
But also, the EA sounds like an horrendous, lying bully. I’d stand your ground and refuse if I were you, and prepare for a painful time with this EA if you proceed either way…

BeeCucumber · 08/08/2024 15:59

Not legal I wouldn’t have thought. Why do you need to sign a contract? They are not working for you.

When we bought our last house, the EA asked for a £250 deposit after our offer was accepted. When I asked why, they said “it was a show of good faith”. I said no and wasn’t mentioned again. Bloody chancers.

PotteringAlonggotkickedoutandhadtoreregister · 08/08/2024 16:00

I wouldn’t even go and see the house and I would say why.

BaronessEllarawrosaurus · 08/08/2024 16:03

Are you positive its not modern auction. They do just show up as regular sales on rightmost. Last time we were looking it was horrendous trying to discard them as it wasn't always obvious

Edited for spelling

Abawaba123 · 08/08/2024 16:04

We once had to pay a deposit of £500 - seller agreed to accept our offer and take property off the market, we agreed that if for any reason we didn’t proceed then we’d lose the deposit.

It was unusual, but at that time the market was really strong, the property was likely to be snapped up, but the seller had a bad experience with somebody else pulling out and needed to proceed quickly. From my point of view the house was in an area I knew well and basically identical to all the other houses so I wasn’t expecting any issues. So it was a show of really serious intention to proceed. If we hadn’t agreed the seller would have accepted several offers and just sold to whoever was ready first.

That’s the only circumstance I can think of where we’d sign anything before our lawyers had reviewed the title and search results etc.

ruffler45 · 08/08/2024 16:37

He probably wants his commission as it could be flagged as a sale as far as he is concerned

Marinel · 08/08/2024 16:46

Howtonamechange · 08/08/2024 15:55

I don't know yet. My dh spoke to them on the phone and told me they'd said we would have to sign this paperwork. We haven't been to view the property yet

Show quote history

It all sounds odd but if you want to view the property then do so. If at some point in the future you need to sign whatever this 'contract' is, see it what it actually says and make a decision then. I have never heard of this, it's the seller who has a contract with EA, not the buyer.

When we sold (I emphasise, as sellers) the EA gave us their standard contract. I did not agree with one section of it, and he said oh that's okay, cross it out. Which we did.