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Am I in the wrong on this offer with the agent?

11 replies

Kai1981 · 18/03/2021 16:49

Had an offer accepted on a property. My offer was conditional on getting agreement in principle (from the freeholder) to create something on the property (subject to planning permission).

Agent investigated, freeholder said there would be a fee to build it. I asked them to confirm how much before I would pay the solicitor, surveyor etc. If it's a ton of money, I might want to reconsider.

The agent said that I made the offer on the property as it was and they can't take the property off the market in that case. I said fair enough and that I was ready to go as soon as I heard. They are still chasing the freeholder.

Considering I said in my offer that it was based on getting approval from the freeholder, who is in the right here?

OP posts:
GinaJaffacake · 18/03/2021 16:54

Not sure what the issue is. Confused
There was a misunderstanding, you’ve clarified things and they’ve explained they can’t take the house off the market until you can confirm you’re going ahead. All seems fine to me.

PositiveLife · 18/03/2021 16:55

I'm not sure what the issue is. You've made a conditional offer and agent has said it's fine but not enough to stop marketing the property

Kai1981 · 18/03/2021 17:01

The offer's been accepted and they want me to proceed e.g. get the solicitor and surveyors involved which means me shelling out money despite the risk of the freeholder fee potentially costing thousands.

I said I won't do that until they confirm with the freeholder.

The agent was angry with me about it but I was upfront so not sure why?

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GreenBalaclava · 18/03/2021 17:04

Sounds like you're in the right here and the agent is trying to put pressure on you to move forward before you're ready (ie before you hear back from the freeholder). Don't let him bully you OP!

GU24Mum · 18/03/2021 17:05

Perhaps he'd understood is as you wanting to find out before exchange but would get going in the meantime.

If I were the seller, to be honest, I'd keep looking at other buyers as they can't control either what the freeholder's reply will be or what cost you will think is too much.

Kai1981 · 18/03/2021 17:07

Fair points from the seller's point of view.

Yes I'm all ready to go, the agent's taken a while to confirm (I mentioned this when I verbally offered, even before I wrote the email to them) so just wished they'd sorted this question out a few days ago.

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LIZS · 18/03/2021 17:33

What do you mean by "ready to go"? I doubt the freeholder will enter into any contract with you until you own the property. If your conditions are not fulfilled presumably you would withdraw. An offer is not a commitment until exchange in most areas of UK.

Kai1981 · 18/03/2021 17:45

I mean ready to go as in, ready for solicitor to start work, ready to get the surveyor in.

I understand what an offer is. I am saying my offer was conditional on an agreement in principle from the freeholder e.g. an email which showed there were fundamental issues with building what I want. I know that it's not my property until I own it and things could change later but for now, I just want to ensure it's confirmed upfront as it was a condition of offer.

How is this any different to saying 'my offer is conditional on you fixing the roof' or whatever?

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Kai1981 · 18/03/2021 17:45

Sorry that should say there were NO fundamental issues...

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GU24Mum · 18/03/2021 17:56

Because it's not in the seller's control.

Hopefully you'll get a response that gets you where you need and you can go ahead.

Kai1981 · 18/03/2021 18:00

Thank you, fair point. Wished I could just get in touch with the freeholder myself but guess I'll wait it out.

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