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Original poster

We know estate agents are knobs but....

21 replies

Fanserve · 30/03/2021 22:52

We had an offer on a property accepted about 2 months ago. However, due to being on furlough we have had major issues in obtaining some documents from my HR and have only managed to get them now.
Admittedly, we haven’t been in touch with the estate agents, but have done so with the mortgage advisor (we are using their own in-house mortgage advisor) and she has been updating our mortgage file and as when we have been able to provide the documentation.
However, we just called the estate agents to check where things are and have been told that it’s gone to another buyer. I am shocked. Can they do this? I have nothing official formally accepting our offer, except an email from the MA congratulating us that the offer had been accepted.
Please help with where I stand! I have no idea how to approach them (if at all) regarding this.

Thank you

OP posts:

Hazel444 · 30/03/2021 23:07

The estate agent should have told you definitely, but I don't think you can blame the vendor for going with someone else - I know it's not your fault you couldn't get the documents but if you haven't even got your mortgage sorted two months later then perhaps the vendor thought you weren't that serious? I assume you hadn't instructed a solicitor either yet as they would be the ones giving you an update on how the sale was progressing?

Last time we bought a house we had an email from the estate agent saying offer accepted, pending them receiving certain documents by a specified date - are you sure you didn't get a similar email in your junk folder? If so and you weren't in touch for two months then they probably assumed you weren't interested and for whatever reason didn't chase this up. Hope you can find somewhere else quickly, good luck!

Original poster

Fanserve · 30/03/2021 23:26

Thank you for your reply! I didn’t even receive an offer letter actually. I think they are keeping both buyers in limbo to see who makes it to the final first

OP posts:

eggyknife · 30/03/2021 23:28

Maybe they did have two of you hanging on, but two months down the line and 0 progress, I would have found another buyer too.

It's bad they didn't inform you though.

Midlifelady · 30/03/2021 23:29

I had to provide proof of funds and ID check to the E A when I had an offer accepted, plus supply solicitor details. Did you get no requests for these?
I am surprised the EA didn't email you further, and they should have stopped marketing the property. I think you must have missed some emails.

pinksquash13 · 30/03/2021 23:32

Don't blame them for finding another buyer. Obviously it sounds like you wanted it but not instructing a solicitor or keeping in contact with EA would send a clear message that you weren't a serious buyer. Lesson learned. They should have told you of course.

CharlotteRose90 · 30/03/2021 23:33

They’ve done nothing wrong and to be honest I’d do the same. To them it looks like you were wasting their time so they went with someone else. I imagine they spoke to the estate agent and when the agent said you hadn’t been in touch they re listed. Sounds like the mortgage advisor and the sales side don’t click.

It’s a crap thing but it’s happened . I hope you find your dream home now.

HeddaGarbled · 30/03/2021 23:40

We know estate agents are knobs

I know it’s a trope, but they’re just doing their job, which is to get a sale through to completion for their clients. The vendors accepted another offer after accepting yours and have proceeded with that second offer. That will have been the vendors’ decision not the estate agents.

Onandoff · 31/03/2021 07:15

Did you not appoint a solicitor and get a contract pack from the seller? Normally that would be expected to happen in the first week or so and from there your solicitor would have ordered searches and started enquiries. If you hadn’t done any of that or sort your mortgage I don’t blame them for going with another buyer.
Seems strange though that the EA didn’t communicate with you. You normally receive a letter by email to confirm the offer is accepted, then a good EA will be in touch regularly to check progress.

FAQs · 31/03/2021 07:26

So when the MA said your offer was accepted you didn’t speak to or contact the Estate Agent for two months?

The MA wouldn’t be acting as an agent/go between for you and probably presumed you or your solicitor was in contact with the agent?

Bouncebacker · 31/03/2021 08:26

Talk to your solicitor - presumably they have been communicating with the Estate Agent and the vendors solicitor?

purpleme12 · 31/03/2021 08:32

When I had an offer accepted the first step was to send ID, proof of funds eg mortgage in principle and proof of gifted funds towards it to the estate agent and solicitor's details and then they did the memo of sale. Did it even get to the stage with yours?

MeepleMe · 31/03/2021 08:49

In my experience a MA has nothing to do with the sale chain at all, even if they're in the same office. Surely your solicitor was asking for searches, property information pack, answers to enquiries and so on? Didn't you notice you hadn't had these back?

purpleme12 · 31/03/2021 08:51

When I worked in conveyancing the memo of sale was what we needed to start it all off

purpleme12 · 31/03/2021 08:52

Anyway my point as well was that they ask for all the stuff above to check you're in a position to buy it and that you're serious I just wondered if any of that actually happened from the OP

IndecentFeminist · 31/03/2021 08:53

In 2 months how far have you progressed? Apart from the offer acceptance.

lastqueenofscotland · 31/03/2021 09:00

Of course they can do this. You’ve not been in touch with them at all for two months. Have you appointed a solicitor even?
Legally the seller is not bound to you at all since exchange.

Clymene · 31/03/2021 09:00

You didn't have a formal offer acceptance letter and you haven't got w mortgage. How long did you expect the vendors to wait?

ShteakandShpuds · 31/03/2021 09:02

Lesson learnt here OP.

It’s always your responsibility to stay on top of matters when dealing with property purchasing or home improvements. (Builders ALWAYS need handling firmly.)

You should be the one hassling the agents, solicitors, banks etc. to make sure that the work is progressing smoothly because there’s usually one party that needs a kick up their arse. If you don’t keep on top of them, they will prioritise whoever is hassling them the most.

This is not the time to be patient and compliant!

folloyourarro · 31/03/2021 09:25

2 months without updating the EA really wasn't going to go any other way. Your offer acceptance wasn't formalised by the sounds of it as you get it in writing when it has. Lesson learned here, update all involved parties with progress, but 2 months to get to the first hurdle I wouldn't have proceeded with you either, that's an unacceptable amount of time.

user1471538283 · 31/03/2021 18:30

I've always found when buying and selling you kind of do a bit of everyone's job. You have to keep on top of it.

You needed to provide the EA with proof of funds, your solicitors details and kept them in the loop so they could keep the vendor in the loop.

I would have gone with another buyer if I'd heard nothing for two months.

Heronwatcher · 31/03/2021 18:41

Unfortunately I am afraid that legally the vendors can sell to anyone they want until contracts have been exchanged. So if you want a house you have to be the one pushing things along and getting things done I am afraid. Even then the vendor can pull out 2 minutes before exchange if they want to. Your best bet in this situation is getting everything ready to go so that you can act quickly if the other buyer pulls out, or when you find your next property.

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