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What does this mean

29 replies

Ontheflipside_ · 21/10/2023 13:30

We found the property of our dreams last week. Put an offer and it was accepted. Sellers agreed to give us a grace period. 24 hours after our property was put on the market we got an offer that we accepted. The sellers haven't yet found a property but are in a rush as they are moving areas and want to be on for school applications in the new year. The EA said they were doing 2nd viewings on houses they like this weekend.

Anyways, we drive past the house on the way somewhere else and notice there is a for sale sign with another EA. My husband drove past yesterday and it wasn't there, it was the EA we originally saw it and put the offer in with, so they have switched.

My question is, is this normal?! Why would they have switched EA after accepting our offer?

OP posts:
Mildura · 23/10/2023 12:43

FayCarew · 23/10/2023 11:18

@TheBossOfMe , it was in England, exchange & completion the same day, but it was decades ago. It's gazumping at the very last minute.

Things must have changed since then, as it is not legal to issue two separate contracts without both parties being notified.

It's known as a contracts race, and is incredibly rare.

FayCarew · 23/10/2023 12:49

I don't think it's illegal.

Mildura · 23/10/2023 13:01

FayCarew · 23/10/2023 12:49

I don't think it's illegal.

Apologies, might not be illegal.

But, it is part of the solicitors code of conduct:

If the seller is acting through a solicitor then the solicitor is bound by rule 11.3 of the Code of Conduct for Solicitors 2011 to inform all of the potential buyers that a contract has been issued to another buyer or buyers. He must do this in writing but should also telephone each one (or more usually, their solicitors). Before making the disclosure however he must obtain his client’s consent. He must advise his client that if he does not consent to the disclosure then he (the solicitor) will no longer be able to act for him

FayCarew · 23/10/2023 13:17

Thanks. It was before 2011.

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