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Property/DIY

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Original poster

Can I actually do anything about this?

35 replies

Namechange1067949 · 12/04/2021 21:26

Our estate agent is turning people away and not allowing them to view our property, because we have one offer that is under asking

We have offered to do the viewings ourselves if it’s a time issue (even though we are paying them to do it)
They are telling us that there is NO interest in our property and we should accept the offer on the table

So I called from a withheld number (obviously not saying it was me) and asked to see the house and they said no, because it had ‘loads of offers already’ and the sellers were going to choose from one of those.

I’m going to complain but really do I have any consumer rights, or anything else here - I’m clearly not getting the service I paid for?!

The house has only been on the market 3 days!

OP posts:

steppemum · 12/04/2021 21:40

I don't know what the legal position is, but I would call them out on it.
Phone them and tell them that you know what they are doing.
Reject the offer firmly, and tell them that you want everyone interested to view.

I am sure that they must be breaking their contract in some way

flashbac · 12/04/2021 21:43

I wonder if they have been bribed to accept the low offer?

beginningoftheend · 12/04/2021 21:45

They are in breach of contract surely? Read your t&C's. You should be able to terminate your contract if they are breaching it.

You need a new agent.

pilates · 12/04/2021 21:45

Sounds dodgy.

Could you report to Estate Agents Ombudsman.

DinoHat · 12/04/2021 21:50

No - they can’t do that.

Original poster

Namechange1067949 · 12/04/2021 21:52

My worry is that maybe really no one else was interested anyway
I have no way of knowing, just that they turned me away

And then we lose the current sale (it’s only slightly under asking)
Or we stay on the market and the house looks undesirable because it ‘isn’t selling’

I feel like they’ve put us in a terrible situation because we can’t possibly gauge interest in the house now

OP posts:

Mummyratbag · 12/04/2021 21:54

If it's only been on 3 days it's definitely not going to be seen as unsellable. They sound dreadful. I would be really cross. How dare they do this!

Werk · 12/04/2021 21:58

I am very suspicious about how estate agents work, when we sold and were looking it very much felt as though they chose whose offer would be accepted.

Like you, we had an offer after a couple of days. It was 5% under asking and we had several viewings booked in for the following few days - we wanted the viewings booked in to continue and they really, really pushed back. I ended up speaking to the area manager as I was not happy with the negotiator. In the end that buyer upped his offer to 3% under and we accepted - he is a local property developer and I am suspicious that he is in bed with this particular agent.
It is also funny that he has managed to get planning permission for something that we were refused for less than 5 years ago.... 🤔 he even ripped off some of our plans. I imagine there was a brown envelope passing around somewhere.

When we were buying I felt that we were being talked out of offering on some properties and on one we had a tied bid but they went with the other family as "they could move more quickly" but looking at the sold price information they completed weeks after we completed on our sale. It was a load of rubbish.

I was never able to prove it, seeing as you have your proof I would call them out on it but be ready for some bullshit.

Ladyof · 12/04/2021 21:59

This is outrageous, I would speak to them about it and say you want a full explanation. I would even tell them to take it down and go with another agent immediately.

AnnaFiveTowns · 12/04/2021 22:02

Lots of estate agents are corrupt; many are not members of any professional body so have no worry about being struck off; the person buying it is probably one of agent's mates / builder contacts and he'll get a nice brown envelope in return for the deal. I would tell them what youve done (secretly called) that they are rumbled and you are going to report them to the ombudsman. Then I would report them and put the property on with a new agent. It is a sellers' market at the moment. You should be doing lots of viewings and then going to sealed bids to get the best price if there's a lot of interest. Do not continue with this sale, they are dodgy as fuck and it could lose you thousands.

AnnaFiveTowns · 12/04/2021 22:04

What area of the UK are you, OP?

AnnaFiveTowns · 12/04/2021 22:08

Just seen that it's only been on for 3 days! Seriously, do not sell with this agent. Cheeky thieving bastards!

Changingwiththetimes · 12/04/2021 22:14

The agent works for you. If you are not happy with their service, take it up with the manager or however high you have to go.

LemonadeFromLemons · 12/04/2021 22:21

Could you call them again and record the conversation this time. They deserve to be reported, there must be some sort of Ombudsman.

It would be one thing to tell enquirers that there was an offer on the table but another to discourage that person from viewing when the seller had already indicated they want to hold out for more. All this of course assuming that you have not yet accepted the lower offer.

AnnaFiveTowns · 12/04/2021 22:32

There's another thread going right now with a similar situation. So many dodgy agents. There needs to be more regulation; only qualified RICS accredited agents should be allowed to negotiate sales to prevent all these sellers from getting ripped off. It's also annoying from a buyer's perspective when you want to put in an offer but it's been on for a day and already sold and you know full well it's gone undervalue to somebody the agent's got in his pocket for a bung.

MinecraftMother · 12/04/2021 23:35

And this is what happens when they aren't made to join a regulatory body.

mobear · 13/04/2021 00:02

I would guess they're in breach of contract, in which case I would see if you can terminate the contract and go with another agent.

Skyla2005 · 13/04/2021 08:40

They have to try and reach the asking price

Magstermay · 13/04/2021 09:21

This would make me so angry! I would report if there is an ombudsman, call them out on it and then move immediately to another agent. I cannot stand behaviour like this.

Muststopeating · 13/04/2021 09:58

I am utterly gobsmacked!! Regulated or not, brown envelopes are against the law... whether that be against the Bribery Act or just breaching their contract (conflict of interest since they are being paid by someone else whilst also paid by you). Complain, start chucking those terms around at management and tell them you want to withdraw with no financial impact.

I want to say I can't believe this goes on but actually I know someone who brown enveloped a surveyor into upping the value of their house for remortgage purposes! Didn't cost them much either!

We've just stsrted an extension and I'm already up to the back teeth with so called professionals. They are all making it up as they go along and charging us a flipping fortune in the process. Sigh!

StephenBelafonte · 13/04/2021 10:02

Have you accepted the offer you've been made?

Agree with reporting the estate agent. Thats outrageous behaviour.

AnnaFiveTowns · 13/04/2021 10:57

I want to say I can't believe this goes on

It absolutely does go on and it's not uncommon. If you think about it, it's a very easy and low risk way to make a lot of money; most agents have zero qualifications and nothing to lose; it's something that is very difficult to prove.

HeddaGarbled · 13/04/2021 10:59

Have you accepted the offer?

Original poster

Namechange1067949 · 13/04/2021 12:09

We don’t have any evidence of bribery
And to be honest I’m not sure I think that’s what’s happening
Just that if I accept the offer It’s another sale on their books and money in their pocket for little to no work.
Why take more time to book and do viewings if you can force me into a sale, having only done an hour or twos work

OP posts:

RealisticSketch · 13/04/2021 13:10

That's mental. It's the person who offered a mate of theirs or something?!
Bin them and if they sue for beach of contract (which I doubt they will) you can stand in a court of law and explain why.
Do they belong to the national society for estate agents? It's an excellent organisation and I recommend using their members as I have always found they outperform the rest. If they are members complain to them as they have breached the membership code of conduct.

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