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

Other subjects

House selling - have I been out of order?

43 replies

Ange8 · 29/04/2004 23:14

I wonder if you wise mumsnetters could answer that age-old question - have I been unreasonable?

We put our house on the market at £5k below the price suggested by the estate agent because we were worried that his valuation was too high. The idea (accepted by the agent) was to encourage viewers in the hope that, once inside, there might be a few who would like it enough to put in higher offers.

The house went on the market on Monday, and by today we had received two offers. The estate agents said they would put the offers in writing and send them to us, but basically both were from first time buyers, and both had offered the asking price (although one had asked if we would include kitchen appliances that are not fitted in the price).

So far, so good. I expected to be able to consider the offers and let the agents know how we wanted to proceed tomorrow - or maybe sit on them for a couple of days to see if there was any other interest over the weekend. Instead, at teatime I received a call from surveyors instructed by the buyer who had asked for the appliances if they could come tomorrow to do a full structural survey. I was surprised, as we had not yet received her offer in writing, let alone accepted it.

When I spoke to the estate agents, they said that, if they receive an offer of the asking price, they accept the offer. In this case where there were 2 offers of the asking price, they told the offerors that the first one to get a survey 'wins'. They said the the nuyer who had asked about the appliances was the first one to find a surveyor who could come the next day, so they had 'accepted' her offer. I was flabbergasted! When I said that, in pure financial terms, her offer was less good because she wanted more for her money, they hedged around this and said 'oh, that's just a request, I'm sure she would pay you extra for the appliances if you wanted'. - well, I guess I would have known that if I'd actually seen the details of her offer as promised.

Quite apart from the fact that I cannot be at home tommorrow for the surveyor (so they will have to wait until at least next wednesday in any case) it is of absolutely no benefit to us to chose the buyer who can organise a survey at breakneck speed - the estate agents might just as well have asked them to run an egg-and-spoon race as a tye-breaker. We haven't found a property we want to buy yet.

I would have preferred interested buyers to be encouraged to differentiate themselves in a way which is more important to me - cash! I suggested to the agent that the two parties be asked if they would like to increase their offer, and then we would consider their best offer. The estate agent wasn't into this, however, because they said it was the same as gazumping.

In the end, the agent suggested that we raise the asking price by £5,000. I was worried about this, as I thought this would be more irritating to the two potential buyers than asking them if they wanted to offer more because someone else had come in with the same offer. It might result in them both pulling out because they were cheesed off, or couldn't afford an extra £5k.

Anyway, I succumbed to the suggestion in the end, and the agents said that they wanted to give the buyer who had 'won' the survey race the first opportunity to raise her offer by £5k - if she did, she would win. If she does not offer the extra £5k, they will go to the other people and ask them if they want to increase their offer. If neither come up with the extra, they will continue to market the house with the new price and look for other buyers.

This all seems highly unsatisfactory to me - I don't like the idea of giving the two prospective buyers the kind of ultimatum they will now be geting, and I think this starts things off on a bad foot. But I did expect the agents to work for their commission and get us the best price - not just take one from the person who (I suspect, reading between the lines) they feel sorry for because she has viewed a few properties with them and had disappointennts in the past.

I know I was stupid and naive not to ask the estate agents how they would deal with multiple offers, but do you think it was unreasonable to ask them to go back to the propsective buyers?

OP posts:
MeanBean · 30/04/2004 11:49

I think StripyMouse is probably right, unless you are in a tearing rush to sell, you should probably withdraw it from the market and make a complaint to the NAEA or whatever it's called. Then put it back on with a different agent at a higher price. Although, if one of your original buyers came back and made you an offer at a higher price, I wonder if there would be some kind of contractual obligation to pay the original estate agent, as they were the ones who introduced you? Don't know, but it's worth checking out, perhaps with the NAEA

MeanBean · 30/04/2004 11:51

Oops, sorry, posts crossed - Twiglett's already said it...

Kittypickle · 30/04/2004 11:53

I second what Twiglett says, would be very suprised if there wasn't a clause in it which means if you sell to either of the original two people, even if introduced by a new estate agents, you would be liable to pay the first agent as well as the second.

Ange8 · 30/04/2004 11:54

Mmmm ... not sure. The agreement says 'We would require sole agency agreement with sole selling rights which very simply means that whoever purchases the property whether they be a relative or friend or other, party or even introduced by another estate agent, we would still be entitled to our full feee as set out below. There are no time stipulations to our agreement which can be cancelled either by you or by us by giving seven days written notice.' The agents told us that this meant that was no time lock-in, beyond the notice period - but I hope that's actually true.

OP posts:
Kittypickle · 30/04/2004 12:02

If you put it on with another agent in a few weeks time and one of the original people went to see it, offered and you accepted, I think the original agents would argue that they intially introduced the buyer during a time which they had "sole selling rights" and therefore are liable for their fee. I'm probably totally wrong though. This has just reminded me why I am NEVER moving again !!

LIZS · 30/04/2004 12:05

I think Kittypickle may be right. It could effectively operate as multi agency agreement (sorry forgotten the correct term!) were the same buyers to come back again, and you could end up with 2 lots of fees.

twiglett · 30/04/2004 12:16

message withdrawn

soothepoo · 30/04/2004 12:17

This may be of interest to you - it appeared in yesterday's Guardian. There was also a couple of stories of bad practice, one of which was about someone who had to pay the commission to two estate agents, because she sold her house to someone who had originally been shown around by the first agent.

Ange8 · 30/04/2004 12:22

God this is complicated. I'm so grateful to everyone who is exercising their brain cells on this. I just looked up the definition of 'sole selling', and it does seem to give the agent rights to recover fees in respect of buyers introduced by them even after the period the sole selling agreement has ended. The meaning of the term should, the Estates Agent act says, be included in the contract - but it was not. However, I'm not inclined to get into a legal dispute with the agents if possible. Guess I will just have to sit tight for today and see if the buyer comes back to the agent, then take it from there. Could start a clean slate with new agents - just warn them not to take offers from X and Y. But this might be a high risk strategy - I might have found the only 2 people who love the house already.

OP posts:
Jimjams · 30/04/2004 12:50

HAve you spoken to the manager? I would phone him and blast him basically as say this whol process has been bang out of order. I have NEVER heard of an agent accepting an offer on a buyers behalf- full price or otherwise.

I agree that you should go round there and insist that they phone the buyers in front of you and explain the situation (better if you could do it but I doubt they would give you the number). Then explain you will be considering the situation. The appliances buyers aren't friends of the agent are they?

JanZ · 30/04/2004 15:42

Ks has already said - they have acted illegally in accepting an offer on your behalf, without instruction from you. I would follow up her link to the National Assocaiation of Estate Agents - give them a call and ask them naively what an estate agent's duty is with regard to passing on offers. You can then quote this back to your estate agents and put the fear of god into them!

ks · 30/04/2004 15:59

This reply has been deleted

Message withdrawn

ks · 30/04/2004 16:01

This reply has been deleted

Message withdrawn

Ange8 · 30/04/2004 18:26

Quick update - and then I'll let you know how it all pans out in the end, as we seem to have had a bit of a breakthrough.

Both buyers have apparently contacted the agents to offer a little (very little) over the asking price - so I am relieved that both are still in the picture for now, and have not been driven to give it up as a bad job.

The agents have told them that they will pass these new improved offers on to us (in writing tomorrow), and we will consider them and get back to them in just over a week. In the meantime, the property stays on the market and the agents will do viewings for anyone who wants one (but advise them - as they are required to do- that there are offers under consideration). Both buyers are now content to sit tight, and see how things develop over the next week (well, content might be too strong a word).

Our plan is to either take the highest offer by the closing date we have set, or the best offer if there are other factors (eg first time or cash buyers are preferred). The agents appear to be (reluctantly) on board. I have lost confidence in their abilities, but if this can be resolved in our best interests, then I'm prepared to bite the bullet. Any more messing about, they're out!

Thanks for all your help - and for the encouragement to fight our corner.

OP posts:
gold123 · 30/04/2004 18:31

I am sorry if I am repeating what others have already said, but:

I think it absolutely disgraceful how your Estate Agent has conducted themselves. You are the one paying them to work for you. How dare they! its a shame you are tied to a contract or I'd sack them.

Sorry getting on my high horse about this, I used to work for an Estate Agents, but never did anything like this. I also moved house once (we were buying a reposession so was in the hands of a building society) exchange day came, and our solicitor phoned to say we were ready and was told Oh sorry no, youve lost out somebody else has got there first. This is where eAgents get there reputation from - underhand and all out for commission. Sorry to rant, its not fair on you or the other two prospective buyers. Down off high horse now

gold123 · 30/04/2004 18:34

sorry posts crossed - I am glad things are looking OK for you now and you havent lost your potention buyers. You must have a very nice house to have interest already - Good luck

Hulababy · 30/04/2004 18:37

Good luck with it all and hope all keeps going well.

We also set a deadline for offers - a week after it went on market for us. And then we took the 'best' offer for us. It actually wasn't the highest offer went for but the 2nd and the buyer was a first time buyer/no chain.

eddm · 30/04/2004 18:41

The story Soothepoo linked refers to the Which? campaign to stamp out bad estate agents. Am sure Which? (Consumers' Association) would like to hear from you ? more information here on www.which.net ? for some reason I can't do a link.

New posts on this thread. Refresh page
Swipe left for the next trending thread