Estate agent did not actually forward the offer to the vendor and we lost the property!

[Shuja]

Just need to get some advise as how we take things to the next stage if the estate agent did not actually forward the offer to the vendor and thus, we lost the property. My DH and myself are deeply frustrated due to this - we even given enough time for the estate agent to fix this; but they dont seem to care about this.
Thanks in advance for your valuable information.

Did the EA not forward your offer because the vendor had told them they weren't interested in offers below X amount? Or that they were interested only in proceedable or chain free offers?

I was going to say the same as wowfudge - do you know how different from your offer the one they accepted was?

Is the EA a member of a professional organisation?

I thought they were legally obliged to forward all offers to you, in writing....

The EA are obliged to forward ALL offers to the vendor.

Not true, swans, as fudge said, the vendor can specify a level at which the estate agent needs to receive an offer before passing it on. Any offer that comes in below that, the estate agent can turn down on the vendor's behalf.

Many thanks wowfudge, CotswoldStrife, NataliaOsipova, strongswans, and lalalonglegs.
We made our first offer approx. a month before. No body beaten that offer, and we had three viewings in between. On one Monday (after our last Saturday viewing) the EA requested to increase the offer so that we can get this property. We also did so after a long thought -- what else you can do. Next day we saw that the property was updated to "SOLD STC" on right move. We asked the agent about it. They simply said as the vendor was interested in the other buyer, but they did not mention the reason for this though we did explicitly ask for it. But we are also in a better position as we are first time buyers. EA did request our Bank statement and DIP initially, before even forwarding our first offer to the vendor (they said they would not forward the offer otherwise). We got frustrated and we felt something did not go right. After a week, we went and spoke to the vendor. They said they are not even aware of that offer (figure). They did previously ask EA about us, and the EA said they could not get hold of us!. From the conversation, we also believe that our offer was at least £2000-£5000 higher than the other one - i.e. our one was the top offer. We are also in a very good position with good deposit etc. The EA is a member of professional organisations too.

Have they proceeded with the other offer? Are they prepared to gazump?

The other buyer might be a cash buyer or in an even better position than you are.

What did the vendors say when you told them your offer was the highest?

I think you make a timeline, back up with emails and request a meeting with manager of the EA and also I would send a copy to the vendor and a note saying that you're complaining to the estate agent but wanted them to know as if they weren't aware of your offer, there may be others they missed out on.

Is the accepted offer a friend of the EA?

Did you ask the vendor why they went with the other offer? They must have a reason - they’re allowed to accept whichever offer they want, annoying as it is all sorts of different things could be going on you know nothing about

They're either utterly incompetent or dodgy. I wouldn't be surprised if the offer that's accepted was from a friend or relative of the EA.
If I was the vendor in that scenario and potentially losing a few thousand, I'd be fuming.

The vendors are separating -- so we did not ask if they are ready to gazump etc - we simply left our phone number. Yes, they have just started proceeding with the offer -two weeks now.
Vendor kind of agreed that our offer was the highest - he did not say anything back. Although they were a bit annoyed at first for knocking the door, they started listening to us towards the end.

EA confirmed that they have forwarded the offer to the Vendor on the same day afternoon, and that afternoon the decision was made. I have all these in writing. I also tried to ask the EA to which offer is higher etc. They simply said. they cannot disclose the information. They did not even say the other party was in good position etc.. They kept on saying they cannot disclose the reason for vendor choosing the other party over us.

Don’t forget that the vendor can pull off at anytime so..

... actually, forget about it, if she confronts the agent they will say you were dodgy and that would be the end of it.

We have had a similar situation, we were cash buyers and the vendors are in a need to move situation. DP had our solicitor confirm proof of funds, but quite frankly at the level money we are talking were not prepared to hand over copies of our bank statements to an unregulated individual. So EA recommended other offer as he couldn't be certain we were genuine.
We will find a better house I am sure.

Hmm - if you were there in person the vendors may have blamed the EA instead of telling you the real reason why they went with the other offer. Difficult to know exactly what went on. In these kinds of circumstances I think it is better to focus on what you do now to get a house than to use your energies on this house which someone else is buying. You've told the vendors you made an offer but they haven't come back to you. Leave them to it, it isn't meant to be.

That’s a really good point wowfudge being doorsteped by potential buyers when they’re seperating & having a stressful time they’ve probably said the first thing that’s come into their head to get rid!

OP, just move on and look for another house, I don’t think wasting your time & energy on this is worth it

I would put money on a friend or relative of the EA.
I have personal experience of dodgy EA - our offer turned down for what seemed a very strange reason. Found out later via nethouseprices that it had sold for WAY below our offer.
Like an idiot, I trusted the EA - who had told me at first viewing (evidently just going through the motions) that his father was a vicar!

Oh and for other houses you view and make offers on, ask when you can expect to hear back from the EA. Then if you haven't heard from them, you can call them and follow up. I wonder if you think as FTBs you are in a better position than you actually are? FTBs can be thought of as pushy and focussed on themselves - we had this when we were selling our old house and buying the one we live in now. The FTBs at the start of the chain started getting arsey when the proposed completion date got pushed back. We weren't exactly happy, but it was down to our vendors and the FTBs were the only people in the chain who weren't both buying and selling, which is way more stressful than just buying.

Bit much to doorstep the vendors tbh, OP. I wouldn't like that if I was the vendor. The EA does not have to disclose the highest offer or give any details of it. But if they are going with someone else there was obviously another offer on the table!

I would take what the vendors told you when you went to see them with a huge pinch of salt.

Thanks Guys.

We will come to know the sold price everything from the landregistry. Then we will have a better idea with no speculating thoughts :).
As a first time buy, we just wanted to know the reason for this though the EA guaranteed that we would get the property on the previously day evening. We think there is nothing wrong with the Vendor and they do not need to lie to us as well. This is the EA played the game here. Again, we can find out it once the sold price is released.

I'd put a letter through the door of the house explaining what your offer was and you're concerned that the EA are not giving them all offers. Say this could be a mistake in which case I apologise but if it's genuinely what I think which is our offer is higher and made before plus you'd rather go for the higher offer then You have the information you need to go back to EA

They don't have to accept the highest offer though. They can accept any offer they want. The vendor has opted to go with someone else. If you wanted to put your point across I think a letter would have been better than actually turning up at the door - that would really put me off a buyer!