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Original poster

What's your verdict ? Are we being 'had' by our Estate Agent ? ......(long)

98 replies

NomDePlume · 10/01/2006 11:34

.... I'm beginning to wonder.

As some of you know, DH and I are selling our house to move further up the ladder. Our house was put on the market at the very end of the house-selling 'season', at the end of September '05. The market was dead in our area so we knew it might take a while to sell. We had a number of viewers who all came back with various reasons it wasn't for them. Fair enough.

We had a viewing in early November, the couple (I'll call them X) came back for 2 further viewings which resulted in a low offer. X are currently living in rented, as they sold their property months ago. We rejected the offer outright and they came back later that day upping it a little (but not enough), we rejected that too. All went quiet.

We heard nothing from our Agent, they appeared to be doing jack-all about finding us a buyer. In a quiet market I would expect the agent to be coming to me with suggestions of incentives to get people through the door - Open Days, Lower asking price, Stamp Duty paid etc etc. Nothing of that nature was forthcoming.

As soon as our 12 week contract ended we issued 28 days written notice of termination of contract, as we were deeply unhappy with the agent and had decided to re-market the house in the spring. The agent acknowldged the notice letter and all went quiet again...

Fast forward to last Thursday (2 working days before expiration of contract) and we get a call out of the blue, saying that X have upped their offer again but are away on holiday. We told the agent that the offer was good but we couldn't accept until we were happy that we could find something appropriate for us to buy. Cue mental searches for property and last minute viewings a-go-go. We found 2 houses we would like to buy and negotiated a price. So called our agent to accept the offer, this morning. The agent seems to now be back pedalling a little and saying don't hold your breath for them still be prepared to buy, despite the fact that we told them we needed a few days to find somewhere.

DH thinks that the agent has made an 11th hour attempt to save his ass (and to recoup his 16+ weeks of costs) and has fabricated this offer from X, with a view to it being accepted and then calling the X's and telling them we'll go to £BLAHk in the hope that they'll say yes. I'm not sure, it strikes me as a very unprofessional and risky strategy, if they have... But things do sound suspicious to me.

If you're still awake (well done), what do you think ?

OP posts:
TeddyRobinson · 10/01/2006 11:39

Agree with your dh - sounds like a ploy to keep you on their books to me. Would X really call from holiday to make another offer??

EA wouldn't even have to go back to couple X - if he just made it up he can just tell you they've changed their mind - you never actually directly communicate with couple X so you'd never know!

TeddyRobinson · 10/01/2006 11:40

Meanwhile - we've got a 2nd viewing on Wed. Fingers crossed.

LadySherlockofLGJ · 10/01/2006 11:41

Sounds like he is trying to hold on to his agency.

JoolsToo · 10/01/2006 11:43

EA's are not beyond any sort of dodgy dealings imho - they're full of BS.

I've seen how a few operate over the last many months - they expect houses to sell themselves. When the markey was buoyant all they had to do was stick a board up - they've got lazy!

you have my sympathy!

Original poster
NomDePlume · 10/01/2006 11:44

I know, TR. DH says that he's going to 'rip them (EA) another ars*hole' if this 'offer' mysteriously fall through.

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Original poster
NomDePlume · 10/01/2006 11:44

BTW - Good luck, TR

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WigWamBam · 10/01/2006 11:44

Sounds to me as if your dh is right and it's just a last-ditch attempt to keep you on their books. I can't believe that anyone would call from their holidays to up their offer; if they seriously wanted to do that then they would have done it before they went or after they came back, surely? Sounds really suspicious to me.

Original poster
NomDePlume · 10/01/2006 11:45

EA says that MrsX is due back in work tomorrow and so we should know by then.

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littlemissbossy · 10/01/2006 11:47

I doubt that this offer is fabricated TBH - it is against the law for starters. EAs have a code of practice to follow. However, I do not understand why they are back-pedalling? If your buyer is on holiday they are surely not in a position to proceed with solicitors etc until they return and why would they now not be prepared to buy the property??? surely if they really wanted it they'd be glad that you'd find somewhere and accepted their offer.

Have you spoken to the agent today? has the offer been withdrawn? I would remind your EA that as YOU, not the buyer, is their client, they need to act in your best interests and get this sorted out today. HTH

Original poster
NomDePlume · 10/01/2006 11:47

I should say that they are on holiday because MrX was taken very, very poorly (on the verge of death) and they took this holiday once he was let out of hospital so he could recover in the sun. He was taken very ill nd that's why the offer trail ran cold for a number of weeks.

I'll be bloody livid if it comes to nothing.

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littlemissbossy · 10/01/2006 11:48

BTW people really do call and make offers from holiday or anywhere else for that matter - I speak from experience LOL

Ailsa · 10/01/2006 11:49

Just tried to text you ndp, but realised, dh has my phone and I've got his new one so no numbers stored in it yet!!!

I think your dh is right and agree with you that things do sound suspicious.

Original poster
NomDePlume · 10/01/2006 11:49

lmb - that's what I think, but DH has planted the seed of doubt in my mind. I spoke to the agent this morning and was told that they spent all day yesterday trying to get hold of X, to no avail, but she is back in work (in this country) tomorrow so EA will be able to contact her to double check the offer.

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Original poster
NomDePlume · 10/01/2006 11:50

Ailsa - email ?

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Ailsa · 10/01/2006 11:51

Thought that after I'd posted

carly82 · 10/01/2006 11:51

have not had good experiences with agents either. I originally put my house up for sale in August for £120,000 the agents fee was 1.75% but in November had to drop the price to 110,000 due to my t* * t of an xp, thus expecting agent fees to drop as the house was then in a different price bracket. Have since sold the house and was then informed by said agents that because the original document was signed by myself and xp stating the house was to be sold for 120,00 the fee was then fixed and had to be paid although if we had put our house up for 110,000 to start we would only have to pay 1%
Sounds like your agent was saving his ass!

Ailsa · 10/01/2006 11:53

Am at home at the moment. Will be at work this pm, will email you from there. Have to go to MIL's now to drop J off. I kept her at home today 'cos she had some spots on her face and legs, but don't think they're anything - no new ones.

PrettyCandles · 10/01/2006 11:53

It seems perfectly likely, both what they say and what your dh says. Either way, if it results in a genuine offer, what does it matter? You're not with F*tons are you, by any chance? They have no ethics whatsoever. You might as well go to multiple agency and continue marketing. You are under no obligation to take your house off the market just because it is under offer, especially if yuou lack confidence in the offer. If you do go to multiiple agency, and end up accepting this offer, make sure that it is clear that the offer came from a purchaser who viewed and offered during the sole-agency period - don't let them sting you for the multi-agency commission rate.

littlemissbossy · 10/01/2006 11:53

ok Ndp, when the EA speaks to the buyer make sure they get her solicitors details from her or agree that she must instruct a solicitor and confirm these within 24 hours to prove they are really serious about buying your house

littlemissbossy · 10/01/2006 11:56

carly82
what did your solicitor say about that? can't believe they can do that, after all they did not sell it for £120K

PrettyCandles · 10/01/2006 11:57

Carly82, I don't what to ask 'can that happen?' because of course anything can happen with EA, but it sounds really strange. Did the contract say percentage of the original marketing price, or of the sale price? Because EA often encourage you to market at a higher price 'to test the water', in the knowledge that you will almost certainly have to drop the price, so it would surely be unethical to insist on the commission being a percentage of teh original marketing price? Unethical? Estate agents? Hah!

Original poster
NomDePlume · 10/01/2006 11:59

Carly, that is outrageous !!!!

PrttyCandles, thanks for the tip re multi-agency fees . If this sale falls through then we'll be withdrawing from the market until spring as per our original plan. No, we're on with an agent with branches all over Worcestershire & Gloucestershire.

LMB - Have no fear, I'll be getting the offer varified asap, if it is genuine.

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Frieda · 10/01/2006 12:01

NdP - when we were selling our house, our agent's policy was to put any offers (whether accepted by us or not) in writing to us within a couple of days, whether we accepted verbally or not - do your agents not do this? This would deter them from fabricating an offer.

BTW, Wouldn't totally discount the idea of them calling to raise their offer on holiday. We dithered and dithered for weeks about a house, then put in an offer after it had been taken off the market. And I can imagine myself being just the sort of person who might come to a decision about a house whilst being on holiday, as that's about the only time I get to spend enough time with dh to have a proper discussion about things.

Original poster
NomDePlume · 10/01/2006 12:02

That's a point, I've had a letter from the re other offers, but not this one. I'll call them and find out....

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carly82 · 10/01/2006 12:03

Solicitor i am with is through estate agents and when i mentioned it they promised they would "look into it". They also allowed me to alter the selling price without asking for both parties agreement!! i called them on the tuesday and on the thursday it was in the local property pages for the new asking price

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