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estate agent got our offer wrong

108 replies

abouquetofsharpenedpencils · 20/08/2021 22:35

Hello,
Please can anyone advise? I am a first-time buyer.
We viewed a house at £240k last Thursday. Owner is desperate to sell as the previous buyer pulled out at the last minute and he wants to have everything completed by the 30 September in order to avoid the stamp duty.
We loved it, put a formal offer forward of £238k on the Saturday.
We emailed this to the estate agent on Saturday very clearly stating £238k and our reasons for being a bit lower (20 year-old boiler).
Received an email from the estate agent 2 days later saying that our offer had been accepted.
Over the moon. Have since started the whole process of instructing solicitors, mortgages etc.
Today the estate agent tells me somewhere along the line there has been a mix-up and the owner never actually received our offer of £238 k and has sold it to us for 240k. He also said the owner will not consider anything under £240k.
He then said that after putting in my offer of £238k, I apparently rang back later and verbally increased it to £240k. I absolutely did not do this. We are borrowing maximum on the mortgage and are using every penny we can scrape together. Why would I do that if my offer had already been accepted??
It just doesn't make sense. I am feeling uncomfortable now and very stressed. If this is just a genuine mistake then ok, everyone makes mistakes, but why didn't the owner get our offer? I thought they were supposed to send our formal offer letter to them.
And the bit about saying I rang back and verbally increased it is just absolute rubbish. They have asked me if I can just pay the £240k but I am feeling really unhappy about the whole thing. It is their mistake after all, I have evidence in the form of emails stating the offer and amount and their email back saying it has been accepted.
I have no experience in this area and confrontation makes me feel physically ill. Can I contact the seller and discuss the matter with him? Or this is a big no-no? I would really like to know what they have said to him.
Apologies this has turned out so long. Thanks for reading to the end Sad

OP posts:
TakeYourFinalPosition · 22/08/2021 14:46

You can pull out without any costs, your solicitor costs will be carried over to the next property that you purchase.

That’s not always the case, it depends on your contract.

OP, it’s not clear what’s happened with the searches - did you buy them from the previous buyer? If so, you likely won’t get that money back.

What you pay your solicitor will depend on your contract. When our chain fell through before; we had to pay for the searches and survey we’d had, and then £170 per transaction (selling and buying, so x2) but that was all, as we had the insurance. Without those and I believe we’d have been charged prorata for what the solicitor had done so far.

I hope they resolve it for you tomorrow.

When you flagged the incorrect memorandum of sale, was that to your solicitor & the EA?

MauveMagnolia · 22/08/2021 14:57

Never buy someone else's survey - you've got no comeback with the surveyor if they missed something if someone else commissioned the survey.

You buy it from the surveyor- usually at a fraction of the original cost

Yafilthyanimal · 22/08/2021 17:36

You will have to pay the solicitor for any work that has been completed usually.

abouquetofsharpenedpencils · 22/08/2021 21:59

I received an acceptance email from the EA saying my offer had been accepted but it didn't state the price @Mummyoflittledragon

@CallmeHendricks you are right, I am planning what to say now. I hate situations like this, dreadful if you're not naturally an assertive person!

@TakeYourFinalPosition I emailed the EA and pretty sure I mentioned it to the solicitor.

Thanks everyone for your kind words and support. You have definitely helped me organise what i am going to say, I will keep you posted after the call tomorrow.

OP posts:
CellophaneFlower · 23/08/2021 09:49

They won’t be getting £2k of fees

They more than likely are I would think

abouquetofsharpenedpencils · 23/08/2021 21:38

I called the solicitor first thing but she didn't get back to me til late afternoon. In the meantime the Director called. He apologised for all the problems but again basically said there had been a breakdown in communication, he "fully understand" what had gone on.

He said again that apparently I had called back and verbally increased my offer. I asked what time? but he didn't know. I asked to hear the recording as all calls are recorded but unfortunately the E agent was self-isolating at home and his calls had not been recorded. Not sure of this is true or not.

He again repeated the bottom line of the owner will not go under 240, so how would I like to proceed? I said my offer was 238, that had been accepted and that I couldn't borrow anymore on the mortgage. I said we were renting, in no hurry and there were plenty of other houses on the market so if he couldn't rectify it, we would have no choice but to walk away. I asked if the vendor had received my first offer of 238. He went into the computer, told me the date and time the offer had been sent, but when I asked for how much , it "didn't say".

I demanded that the vendor should be made fully aware of all that was going on including my original offer.

A little later, the estate agent himself called, and said he had been under the impression I had verbally increased my offer on Monday. I said the only time I spoke to him on Monday was after the email acceptance of my offer had come through, so why would I offer 2k extra after my original offer had been accepted. He apologised for the misundertanding on his part but could say no more!

He asked what I wanted him to do and I said I wanted the vendor to know the full story including my original offer of 238.

He called back to say he had spoken to the vendor and the vendor wanted to reassure me that we could work something out and above all not to worry. The EA then asked me if I were willing to meet him half way, ie 239. I said, if push came to shove that's the absolute highest we could go, but I still wanted to offer the 238 first.

Meanwhile my husband had dropped a letter off through the door of the owner stating my contact details and I would like to discuss a few things with him.

This evening, the vendor called. Lovely, lovely man and very calm. I asked him what the original offer was he received from me - 240! So they had never given him my original letter. He didn't receive my offer with the letter and rationale.

He also implied that he was ok with 238! but the EA had tried to still twist an extra 1k out of me even after he told them it was fine.

So, there it is. Pretty dubious behaviour on the part of the EA. And very eye-opening. I was right in trusting my instinct in not trusting what the EAs were saying to me and thank you for all your advice.

I expect we will tie it all up tomorrow.

I am sorry it turned out so long.
Thank you for all your support, it has been an extremely stressful past, few days .

OP posts:
abouquetofsharpenedpencils · 23/08/2021 21:39

he "didn't" fully understand ... line 3!

OP posts:
MaggieFS · 23/08/2021 21:56

Crikey OP, what a lot of stress. I hope it's all resolved well tomorrow (it sounds like it will be!) and please do report the EA to their governing body. That's terrible practice.

MurielSpriggs · 23/08/2021 22:01

Thanks for the update OP.

This confirms what many of us already suspect, the estate agents are incompetent liars, who lie to both sides as a matter of course, and manipulate transactions to their own ends. They absolutely hate hate hate it when the two parties in a transaction speak directly to each other, because it exposes their dishonesty and deprives them of all leverage.

abouquetofsharpenedpencils · 23/08/2021 22:18

also goes to prove the utter lies of my "verbal increase over the phone" from 238 to 240 when the seller never received the 238 offer in the first place.

OP posts:
abouquetofsharpenedpencils · 23/08/2021 22:20

Thanks @MaggieFS and @MurielSpriggs
It has been incredibly stressful

OP posts:
mrsbyers · 23/08/2021 22:29

Even with searches half way through end of Sept is not realistic - we complete Friday and it has been 12 weeks with both sides pushing solicitors to go as quickly as possible. You will need valuation / survey , a mortgage appointment (I had to wait ten days for appt which was a few hours long) to firm up offer of mortgage. Then searches completed , any survey issues resolved then onto exchange and completion - everything is taking much longer than usual so be prepared to build stamp duty into costs before you go ahead and incur any fees

whichwayfornow · 23/08/2021 22:35

Really terrible behaviour from the EA. Do not budge on what you have offered. If I were the seller (ie the one who is paying them), I would definitely make a complaint.

goodbyestranger · 23/08/2021 22:46

My buyer and I have been emailing and phoning direct - ironed out lots of issues created by the professionals. Obviously depends on the personalities involved.

surreygirl1987 · 23/08/2021 22:46

No waaaaay! I can't believe how shady those EAs are!!! Really well done for being assertive and sorting it with the vendor himself! The EA is probably going to be very embarrassed tomorrow that his lies have been found out and shared. Definitely don't go up to 239... though it sounds like the vendor is happy with 238 anyway so you won't need to. Gosh. Please do update tomorrow if you get chance!

ShuddaBeenMe · 23/08/2021 22:52

I'd ask the estate agent for his phone history to show you called. I hate liars. I'm glad the vendor seems okay.

Roselilly36 · 24/08/2021 06:56

Good for you OP, I think you are dealing with this in just the right way.

Honestly, no wonder EA have a bad rep, ours lied to us re. the chain, told us all cash from sale purchasers, and a chain of 3, only for us to find out when speaking to EA of the property we were purchasing, that there was a 4th person at the start of the chain that was dealed as they were sorting something out re. the lease etc.

Also the mystery buyer, who was no doubt going to buy my house, 😂before we put it on the market never, viewed our property.

Lies, after lies.

I hope you get everything sorted out finally today, good luck.

Jaffajiffy · 24/08/2021 07:04

We sold a flat in London recently. Offer made May 12. Completed June 21. Included leasehold/freehold queries. You need a responsive solicitor who answers the phone on both sides, but it can be done. And sideline the EA who has shown himself to be a liar who will only slow things down.

EnjoyingTheSilence · 24/08/2021 07:16

You know they’ll be coming up with more lies to try and cover their backs

essentialhealing · 24/08/2021 07:57

You know it's not a genuine mistake because the ea has said that you rang back and made a higher offer which you know is a lie

If £238k is what you offered then stick to it

CallmeHendricks · 24/08/2021 08:08

Did you ask him WHY on earth you would have randomly phoned up again to increase an offer that had already been accepted?

CallmeHendricks · 24/08/2021 08:09

And how did they think they were going to get away with this with you "not noticing" that you were two grand out of pocket.

twitchersanon · 24/08/2021 08:10

So the EA lied…

Stick to your original offer. Maybe tell them you’re prepared to overlook the lying if the EA will tie it down Monday morning.

Although… I’d still be concerned at the way they’re rushing you to complete in Sept.

Pipsquiggle · 24/08/2021 08:13

So you know that their EA are a bunch of liars so need to proceed accordingly (if you want to proceed).

They were playing their luck that £2k wouldn't be a deal breaker.

Please do not increase your offer at all, it is their fuck up.

You are in a strong position:
The seller is eager to sell with a very tight deadline
You are in rented accommodation.
You have documented evidence of your offer and phone records
You have a dialogue with the seller who now knows their EA have lied.

If they keep pushing '£240k' - have a drawn up statement from yourself / solicitor outlining the the above - rinse and repeat.

£2k is like a sofa &/or bed - it is a considerable amount of money

MyOtherProfile · 24/08/2021 08:19

Good idea to speak directly to the vendor. This whole incident needs logging clearly and reporting to the ombudsman, copied to the director of the EA.

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