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Original poster

Help - I suspect estate agent hasn't told seller of our offer

151 replies

barking · 13/02/2008 14:47

Hi - just wondering what to do....
We've been looking for 6 months and a house we missed has just come back on the market after previous buyers dropping out.

When we viewed, agent said seller is really keen to sell, (it's empty), our first offer was refused, I put in second offer 9am this morning 5k below asking price, and the people buying ours are cash buyers. I've checked our mortgage is portable so just need valuation to get banks approval.

Phoned estate agent 5 times and he keeps stalling, saying he can't get hold of seller, then later said he would try phoning, then said he knows what the seller will say - which is they want to wait a while to let there be other viewings.

Arghhh! I really don't want to lose this house, what are they waiting for? Can I report them? Should I go in in person to get a better response? Feel like this is psychogical warfare and I don't know the rules - don't want to p*ss estate agent off, but feel like he's hiding something.

Is there a way I can contact seller directly?
Help help help

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MamaG · 13/02/2008 14:48

I assume you know where seller lives? Go knock on teh door if you're desperate

jellies · 13/02/2008 14:50

I would post the offer in writing through the door of the house directly to the seller!

Original poster
barking · 13/02/2008 14:52

Hi MamaG - No I don't know where they live, It is now owned by the deceased mother's son. I guess I could knock on neighbours doors but don't want to make things worse - especially if agents are messing me about.
Maybe paranoia here but I thought the market was slowing, I thought they would bite my hand off with second offer - really confused.

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MamaG · 13/02/2008 14:53

Then you have to sit back and relax! really, you will drive yourself potty, but you can't make EA hurry

Blu · 13/02/2008 14:59

You have phoned 5 times since 9am? And it is the son who is selling? He may well be unavailable at work, etc. By behaving so desparately you will only encourage them to try and extract a higher price.

waiting and gnashing of teeth is very mmuch a part of buying houses. You've done what you can for the moment!

Smurfs · 13/02/2008 15:00

Go into the Estate Agents office and say I would like you to contact the owner with my offer and sit there and wait until they do. Have all your details written down like mortgage, name of agent who is selling yours so that they can check the chain. Legally they have to put the offer forward regardless of the amount even if it was 1p. I suspect that the estate agent may be ring fencing which is not on. If you do not get the response that you want ask to speak to their boss....always works!

DiscoDizzy · 13/02/2008 15:01

yeah, i agree, calm down. Estate Agents by law have to tell vendors of any offer received, in writing. Just hang in there.

WezzleWoo · 13/02/2008 15:01

EAs are legally bound to put forward every offer to the seller whether they think it will be accepted or not so I doubt he's hiding anything.

I think MamaG's right, sit back and relax for a while

Carmenere · 13/02/2008 15:01

Blu is right, if I were the agent I would be sitting back smugly knowing you were desperate for the house and when I did ring the sellers I would tell them that they could easily get another grand or two out of you by waiting a while. you are not very sussed at this stuff are you?

Original poster
barking · 13/02/2008 15:03

Wow Smurfs -That what I feel like doing, but worry I might jepordise sale. What is ring fencing?

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Original poster
barking · 13/02/2008 15:06

The relaxing angle worries me as I feel as time goes on and more people get to see it could create a bidding war

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MamaG · 13/02/2008 15:06

barking - chill! You are appearing desperate to the EA, he WILL tell the seller to hang on, thinking you'll offer more!

Original poster
barking · 13/02/2008 15:06

got to go for the school run!

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DiscoDizzy · 13/02/2008 15:07

Barking, really really just chill otherwise you're going to be paying more than you expect for this house due to being a bit over zealous.

Smurfs · 13/02/2008 15:10

Ring fencing is where an Estate Agent makes sure that they only put forward offers from 'favoured buyers' i.e ones that will return the favour with a bung at a later date and other offers never get to the Vendor. The offer should be completed in triplicate - one copy goes to the Vendor, one for file and one to the person making the offer. It is good practice but not sure if it is a legal requirement now.....confession it is a good 8 years since I was an Estate Agent in London!

Smurfs · 13/02/2008 15:23

Barking, my plan would be this and feel free to disregard at will!

Have all relevant info. down in writing - chain details - your estate agents details with telephone number, email address and person to contact etc

mortgage brokers/banks contact details

solicitors details

size of deposit

your timescale - feel free to embelish this a little if necessary, the property is vacant and a previous sale has fallen (do you know why?)through so vendor wants the money in the bank not a vacant house. So think positive spin!

Hand this into the estate agent tomorrow in person don't just be a voice at the end of the phone. Make it personal.

If you can offer asking price on the basis that it is withdrawn from the market with immediate effect do....you can always re-negotiate at a later date say after the survey and chip him down!

Try not to panic it is a horrid process but we got our dream house recently after having jumped through ever hoop required....but I did chip £20k off the asking price after survey

Original poster
barking · 13/02/2008 16:28

Only just got back - thank you for your info Smurfs.
Good to hear from an agent as I really just want to get on with it to be honest. I think I will do just that.

Part of my urgency is due to a neighbour with mental health problems, just want to move really quick and don't understand all the procrastinating. Do they really do this on purpose?

The place we want is detatched - Bliss!

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Original poster
barking · 13/02/2008 16:30

Also I can't commission the survery until the seller agrees to the sale so feel their attitude is ridiculous.

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Original poster
barking · 13/02/2008 16:33

and property has been on market for 5 months - though 2 of those months was when it was sale agreed.

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Smurfs · 13/02/2008 16:49

Barking, I have my fingers crossed for you and will follow this to see how you get on. Might be worth asking in a "oh by the way" comment in few days say after your offer has been accepted why the previous buyers pulled out. Look at it from the Vendors point of view he wants the buyer who performs - pays what he wants and goes onto exchange and then he knows he will get his money. We managed to get to here dispite 2 links in the chain pulling out at different times and me threatening to drive down to Mr Top Link and shout.... a lot oh and we completed on our old house 8.5 weeks before we could complete here so had to move into a hovel for that time.....all worth it in the end though

Smurfs · 13/02/2008 16:58

He should take your offer and run with it - the local market here is still very fast paced despite what the papers say and property is still selling very quickly in certain parts...old habits die hard I can't resist keeping an eye on property obsessively. Do all you can to get to know the Estate Agents....I am not suggesting cakes and chocolates but return their phone call asap and provide quick answers to queries so you are viewed as serious buyers. Also get survey done asap after offer accepted buyers are viewed more seriously when they have started to commit themselves financially. Oh an don't use the cheapest solicitor in town he is likely to be the slowest through weight of paperwork.

Original poster
barking · 13/02/2008 16:59

Oh God Smurfs - you're still alive then?
I'd forgotton all this from the last time
moving house= childbirth
and each time I say never again.....

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Smurfs · 13/02/2008 17:08

where would the fun be if we didn't move house it is a hideous process but keep your nerve. I could bore you for hours with the funny stories from Estate Agents....I kid you not! So pen to paper and perpare your "we are so fab you should sell to us manifesto" ready for the charm offensive tomorrow....just off to feed my starving DC who are threatening to eat the dog so will check back later on your progress...

Smurfs · 13/02/2008 17:21

barking, forgot to mention if the house is in a family area it might be worth mentioning in your letter that you are looking at making this your long term family home - you love the area/live there already, it is near to parks, countryside etc etc. You would love to provide your DC with a bigger garden. Blah blah....Overall giving the impression that it is going to be a happy family home and not tarted up and sold for a huge profit at the first available moment. The fact that we had...still do in fact....have 2 adorable children certainly helped the dear lady sell to us. Dog has survived and children happily munching....phew!

Original poster
barking · 13/02/2008 18:38

Just managed to find senior partners telephone number and phoned he barked (yes literally) 'are you a cash buyer?'
Me: 'Not completely, we will need a small mortgage but mortgage is portable, so if seller will agree I can instruct them tonight for a survey tomorrow to show our commitment'.

him: 'Look xxxx is dealing with it, we have been messed about so much on this property and there is so much interest in it that to offer 5k below the asking price - well it would be foolish for them to accept'

Me: 'Could you phone the seller for me to reassure him of our commitment, we have heard nothing?'

Him: 'Xxxx is dealing with it and as I say I will get her to give you a call tomorrow'

What do I do? They are evil!

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