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Original poster

Agent didn't include us in best and final offers

51 replies

stroopwaffles · 27/01/2022 10:55

We offered 10k over for our initial offer on Monday. Told to expect best and final that afternoon.

Rang on Tuesday for an update.. hadn't heard anything from the vendor.

I just checked Rightmove and the property is STC?!

What should we do? / Is there anything we can do? I thought agents were legally obliged to pass on any offers to the vendor. Can we post a letter saying we offered X and were willing to go to X but weren't given the chance?

I don't want to gazump though..

OP posts:

mindutopia · 27/01/2022 12:34

I read your OP as you made an offer on Monday am for £10 over asking. The EA told you to expect it would go to best and final offers by the afternoon. You didn't ring back with a best and final offer, so they put forward your £10K over asking offer. It wasn't the best one.

We have gone to best and final offers many, many times over the past 2 years. I've never had an EA ring back to ask us if we wanted to submit a further offer. If you're told when best and final offers are to be in, the onus is on you to ring back to change your offer by that time. Otherwise, your existing offer would be the one submitted to the vendors.

mindutopia · 27/01/2022 12:35

*£10K over asking, £10 would be a bit underwhelming wouldn't it!

AlDanvers · 27/01/2022 12:35

The estate agent will only come back for best and final if the vendor wants them to. There could be many reasons the vendor just accepted the other people's.

EmmaH2022 · 27/01/2022 12:42

@mindutopia

*£10K over asking, £10 would be a bit underwhelming wouldn't it!

This really made me lol for some reason

EmmaH2022 · 27/01/2022 12:44

@mindutopia

*£10K over asking, £10 would be a bit underwhelming wouldn't it!

There is definitely a comedy sketch in here. With Mark Heap as the customer and Stephanie Cole as EA receiving the extra £10 offer.

mugoftea456 · 27/01/2022 13:12

What is your moving position?

We went to b and F and didn tv take the highest offer. We took an great offer and buyers who were in a good position.

You have no reason to think that your offer wasn't put forward

altiara · 27/01/2022 13:31

Maybe vendor just accepted one of the offers. Best off speaking to the agent. They should have come back and told you though. That is rude.

Socialcarenope · 27/01/2022 14:45

Told to expect best and final that afternoon.

What did you say to that? To me that says "vendor will be deciding on the best and final offers later this afternoon, submit yours asap". I have said "let me talk to DH I'll get back to you ASAP". I wouldn't have expected additional contact.

The estate agent probably thought your offer was your best and final. It may well have been much lower than others.

eejervis · 27/01/2022 14:51

It sounds to me like the EA was expecting you to call back with your best and final, whereas you thought they were going to contact you for it. They didn't hear so your original offer was considered your best and final. They definitely should have contacted you afterwards to let you know the outcome though!

Saz12 · 27/01/2022 15:49

It could well be that they sold to someone who was well over what they expected, and told them they’d withdraw if it went to a closing date.

They could’ve had an offer from cash buyers willing to work to vendors timeline who offered more than you did (few people offering £10k over would be able to offer £50k over at a closing date).

Ask the agent.

House buying is horrible, it’s gutting to lose out on the one you want.

coolmum123 · 27/01/2022 16:04

Whilst your offer wasn't accepted at this time, I would go back to the agent and say that you are still interested should the sale not go through to come back to you. Keep looking at other properties in the meantime. We lost out on best and final a few months ago and the agent came back to us asking if we were still interested as the current buyer's situation had changed.

Iamthedom · 27/01/2022 16:22

I had several offers on my late parents house in November
One was 14k over I was happy to accept that and told the estate agent that and that was on the Friday after ok .

and then another couple offered 20k over the asking price Monday morning
First thing I knew about the second offer was when I got a letter from the estate agent confirming the sale
I rang them in case the price in the email was

a mistake
I had 1 offer at the asking price at 2 at 10k over the asking price one at 12k over and the last 2 offers

girlmom21 · 27/01/2022 16:25

Presumably they'd thought you'd already given your best and final offer on the morning if you didn't contact them in the afternoon with an additional offer?

Dougieowner · 27/01/2022 19:10

Isn't always the highest offer that is accepted.
We had multiple offers over asking price at B&F and all were sold and ready to proceed (including living in temp accommodation). We went with the people who we liked the best despite them only being the third highest offer.

WutheringHeights66 · 27/01/2022 20:11

I’ve sold before and excluded some offers immediately because I didn’t like the viewers.

sandalsinthebin · 30/01/2022 19:18

@Dougieowner

Isn't always the highest offer that is accepted. We had multiple offers over asking price at B&F and all were sold and ready to proceed (including living in temp accommodation). We went with the people who we liked the best despite them only being the third highest offer.

How can you like or dislike somebody that you don't even know? Unless due to some prejudice (pre-judgement). Is it because they are not similar to you? I honestly don't get this attitude, unless it is obvious that the potential buyers would be appalling neighbours for your current neighbours; otherwise why on earth would you care? You won't be there.

sandalsinthebin · 30/01/2022 19:19

@WutheringHeights66

I’ve sold before and excluded some offers immediately because I didn’t like the viewers.

See above question

Saz12 · 30/01/2022 21:59

If my garden was a pride-and-joy wildlife haven and Id spent gazillions if time & effort on reinstating /restoring Georgian original features, I’d “not like” the buyer who was measuring up for plastic grass and figuring out where to put the poured concrete surfaces. Likewise, viewers who say “what lovely kitchen” are easier to like than the ones who say “huh, we can always paint it” and snigger at your sofa.

I don’t think it’s prejudice so much as pride....

Dougieowner · 30/01/2022 22:18

Nothing whatsoever to do with prejudice, it is just that faced with a choice of buyer we wanted the house & large garden to go to the family we believe will make the most of all it has to offer. Also we do care about our neighbours (don't you?), they have been here a long time, have been good friends and deserve the same consideration we would want for ourselves.

The decision process was fairly straightforward.
20-Interested parties, several had multiple viewings and as the house has been in our family for nearly 70-years some were interested to talk about it and find out how it has changed over the years.

We discounted one potential buyer almost immediately. A BTL landlord who wandered around moaning about this & that (i.e. they would have to spend some money!). They would not have been successful regardless of their offer (which as it happens was the asking price so not in the top-10).

10-viewings over asking price so we settled on the top-3.
No.1 was £30K over but in a chain plus they had previously put a letter through the door (before we had marketed the property) asking if we would sell, I didn't like this direct approach so they were out.
No.2 was £26K over. We couldn't remember anything about them and certainly they hadn't engaged with us to discuss the house so they were out.
No.3 was £25K over. They showed interest in the property and freely discussed changes they would like to make, plus they sent us a lovely letter explaining why they wanted the property.

It was as simple as that.
They didn't offer the most, they told us of changes they would like to make to our old family home but we liked them.
No pre-judging or prejudice (if you wanted to specify how you think this may have influenced us I think I can set your mind at rest?), just nice people (us) wanting other nice people (our neighbours) to have nice neighbours (our buyers).

Thirtytimesround · 30/01/2022 22:34

My guess is that another buyer made a very generous offer, but conditional on it going off the market instantly. Seller was thrilled with it and decided to bin the hassle/uncertainty of best and final.

Agents are legally obliged to pass on offers (in the UK), and probably they did. Someone else offered way more.

Do clarify with the agent for your own peace of mind / in case the sale falls through, but I wouldn’t complain just ask for clarity on the process so you can work out what to do next time.

Sorry it didn’t work out. Is such a horrible process.

sandalsinthebin · 30/01/2022 22:40

Thanks for the explanations, they do make sense. I was struggling to understand the general "we didn't like them" comments that come up on these threads, which come across as pre-judging people. Usually no reasons given for not liking strangers. In answer to your question of course I care about my neighbours that's why I said "unless they would be appalling neighbours", implying that I would understand the reasoning in such a case. However I can't comprehend the intense emotional attachments that some people have to a house. Probably because I've spent my life living in lots of different countries and lots of different homes, meaning that I wouldn't care a hoot if it suited the next occupant to have grass rather than decking or vice versa, I'll have moved on and won't be sitting wondering what is happening back at my old house. Just different perspectives I guess.

CovidCorvid · 30/01/2022 22:48

I haven’t sold a house before because it was landlords sniffing around to turn it into a student rental. 🤷‍♀️ So not a prejudice as such, I just wanted it to stay a family home.

TabithaHazel · 31/01/2022 09:05

I guess the vendors got an offer they couldn't refuse on the condition that it came off the market straight away. If the seller withdraws the property then I presume the EA doesn't have to pas on any other offers. When we sold my parents house a similar thing happened - we even thought we would be going to best and final as we'd had a few offers but we got an excellent offer from a cash buyer who had all their solicitors etc in place and were willing to proceed quickly, so on their insistence (which was fine with us) we didn't entertain any other offers.

TabithaHazel · 31/01/2022 09:18

@Dougieowner

Isn't always the highest offer that is accepted. We had multiple offers over asking price at B&F and all were sold and ready to proceed (including living in temp accommodation). We went with the people who we liked the best despite them only being the third highest offer.

Were they personal friends of yours as if not that's a bit weird - so you are saying you've basically given random strangers cash in the form of a discount that could have gone to you because you liked them? This is so bizarre, unless you are just talking about £50 or some small sum.

Ariela · 31/01/2022 09:35

@stroopwaffles

Thanks everyone. They deffo said they'd come back for our best and final, initial bids to be in by a certain time on Monday morning.

Will query this.

So why didn't YOU get back to them by then with your better offer?

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