Is this even legal? Apparently so...

LeCreusetty · 2023-11-13T12:34:01+00:00

Our buyer had said they were selling their house privately and they were ready. EA confirmed. Asked us a discount given they were ready, which we obliged. 7 bloody months later, whilst putting the blame on their horrendously slow lawyer, we find out that they were stalling because they were trying to sell their house. How lovely. My lawyer says they can’t actually see info on our buyers’ sale, so lying like this is a perfectly legitimate way of squeezing a buck from sellers. Tempted to pull out.

ibelieveinmirrorballs · 13/11/2023 13:19

Are they claiming they’re under offer now?

I’d be absolutely furious too - so they pretended to be proceedable and on that basis negotiated a discount? Will you pull out?

Original poster

LeCreusetty · 13/11/2023 15:10

yes exactly, they pretended and got a discount as a result and we pulled the house off the market. now they are proceeding, but we lost 7 months thinking the solicitor was being slow, and we would have kept the house on the market if we knew. Not sure what to do really, I’m furious. Now they say they can proceed but they also want to see the house before exchange cheeky f*rs. I smell gazundering. Would you show them the house again?

OP posts:

DogInATent · 13/11/2023 15:16

I get flak for saying this every time, but this is why you don't remove your house from the market before exchange.

You're a mug for giving them 7 months. Pull out, get the house back on the market. You should have done this at least 12 weeks ago.

KievLoverTwo · 13/11/2023 15:18

It's possible that their private buyer pulled out, and they felt obligated to put it on the open market because they desperately want to buy your house. It's not ideal they didn't inform you. People can be selfish when it comes to moving.

Yes, let them see the house before exchange. They have a responsibility to ensure that the ceiling hasn't caved in and that they will be responsible for it. All good conveyancers recommend a buyer views again immediately prior to exchange for this reason.

Original poster

LeCreusetty · 13/11/2023 15:24

@DogInATent thank you - I didnt even know that was an option (not pulling house off until exchange). Is it actually a viable option to keep on the market until exchange? Usually you accept and offer and then start the legal process right? Which is what we all did in the chain. I assumed the slowness was due to the lawyer, (who to be fair was extremely tedious).

@KievLoverTwo it is the dishonesty that made me disgusted. they want to buy yes, but pretending they have an offer and getting me to drop the price? that’s immoral...

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Pinkpinkpink15 · 13/11/2023 15:24

Yes, let them see the house again. They need to, you might have pulled walls down or anything in the interim.

tell them though, that there will be NO further discounts.

cheeky fuckers, but you'd be MAD to back out now & start over, especially in this climate.

AgaMM · 13/11/2023 15:28

They might have had a buyer which then fell through, so just because they’ve needed the time to find someone, doesn’t mean they lied to you at the start.

But if you’re unhappy, then you’re well within your rights to pull out the sale yourself.

KievLoverTwo · 13/11/2023 15:28

@LeCreusetty you don’t know they faked an offer, you have zero proof, in fact, didn’t the EA verify the offer? So they had an offer, and it was pulled.

There is little point getting angry that they got a discount because of it. Very few people are NOT getting discounts in the current market.

Try to overcome the anger and concentrate on the finish line. Let them back in to view it. Make it clear to the EA that no further price drops will be entertained.

Original poster

LeCreusetty · 13/11/2023 15:38

The EA said this offer was privately arranged so had to take the word of the buyer. We live in an area where at the time of the sale houses were still going at the asking price, not sure now. So I wouldn’t have accepted and would almost certainly get another offer at the right price. You are right though, my anger right now is getting the better off me. This raises a lesson for all house buyers/sellers I guess. When you hear private sale reply with private my arse...

OP posts:

Porkepic · 13/11/2023 15:41

DogInATent · 13/11/2023 15:16

I get flak for saying this every time, but this is why you don't remove your house from the market before exchange.

You're a mug for giving them 7 months. Pull out, get the house back on the market. You should have done this at least 12 weeks ago.

Most proceedable buyers would only offer on the condition that the house is taken off market. If the seller legally commit to refund all incurred cost to the buyer if they (seller) pull out then maybe you have an angle. Massive red flag from the start, I guess it worked well when people were fighting for each and every houses post Covid.

FallingAutumnLeaf · 13/11/2023 15:43

Pre exchange viewing is totally standard. The condition at exchange is the condition you buy at, so checking everything is pretty much as was months before is a sensible move.

The rest is dick moves. I hope it all works out for you.

Original poster

LeCreusetty · 13/11/2023 15:46

forgot to mention they already saw the house 4 times, measured up, did a survey etc. last viewing was a month ago.

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Original poster

LeCreusetty · 13/11/2023 15:48

thank you @FallingAutumnLeaf

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Retrievemysanity · 13/11/2023 16:08

Tbf, they could’ve sold and then that sale could’ve fallen through. And lawyers can be painfully slow. Buying and selling houses is often a nightmare and stressful so I think you have to go into the process kind of expecting some issues along the way. I’ve never heard of someone agreeing a sale and then keeping the house on the market so I don’t think you did anything wrong as far as that goes. If you’re getting bad vibes then put it back on the market depending on how quickly you need to move.

KievLoverTwo · 13/11/2023 16:14

@LeCreusetty definitely sounds like they're grinding you down and getting to you. I don't blame you for being tired with them and angry. Congratulations for not completely losing your shit before this point, and coming on here to rant instead, which is far more constructive!

But, for your own sake, keep your eyes on the prize whilst remaining firm:

Hello EA, of course they can come back for a fifth AND FINAL viewing, as soon as we agree a completion date. And by the way, you might want to mention (if it is raised) that our agreed price is in no way flexible.

Re: the last line, only say that if houses are still selling well and at quite a fast rate in your area, otherwise don't say it at all.

mondaytosunday · 13/11/2023 16:17

Solicitors aren't THAT slow - they don't get paid til deal is done. Totally sneaky those buyers. I've had a seller tell me she was happy to move in to rental and wouldn't hold up the sale. So booked survey did searches - then she turned around and said she wasn't going to live til he found a place to buy.
Unfortunately dishonest people everywhere. Crap selling system in this country - make offers legally binding with set timeline.

DogInATent · 13/11/2023 17:49

@LeCreusetty
Yes, it's a valid option. You leave the house on the market, you leave the For Sale sign up, but you don't actively market - you're not doing open days, or pushing the EA very hard. And you absolutely push for the Exchange. There's no bonus prize for being nice when selling a house, it's a transaction - be firm but polite. And you can give ultimatums if they're taking the p--s. If you think they're dragging their heels over exchange you set them a deadline and tell them after that the offer is off, and you're actively marketing again.

@Porkepic and most Sellers want the Buyer to sh-t or get off the pot. Seven months without exchange is exactly why you have to treat selling/buying your house as a transaction. You're not trying to make friends, you're trying to buy/sell a house. That doesn't mean being rude, but it means being practical and serious.

Porkepic · 13/11/2023 18:18

DogInATent · 13/11/2023 17:49

@LeCreusetty
Yes, it's a valid option. You leave the house on the market, you leave the For Sale sign up, but you don't actively market - you're not doing open days, or pushing the EA very hard. And you absolutely push for the Exchange. There's no bonus prize for being nice when selling a house, it's a transaction - be firm but polite. And you can give ultimatums if they're taking the p--s. If you think they're dragging their heels over exchange you set them a deadline and tell them after that the offer is off, and you're actively marketing again.

@Porkepic and most Sellers want the Buyer to sh-t or get off the pot. Seven months without exchange is exactly why you have to treat selling/buying your house as a transaction. You're not trying to make friends, you're trying to buy/sell a house. That doesn't mean being rude, but it means being practical and serious.

You can play the tough stance as much as you like, it’s completely unusual to continue marketing a house as if available while an offer has been accepted and cost are likely to be incurred. You re mixing delay from the buyer on this particular case and the commonly accepted practice in a good faith transaction. Of course, you can put all sort of conditions and potentially deter buyers, opposite being also true.

NewFriendlyLadybird · 13/11/2023 20:24

When houses are marked SSTC they are sort of still on the market. People could ask to view them. It wouldn’t be good form, perhaps, to allow it, but it does make it easy to return quickly to active marketing if necessary.

BlueMongoose · 13/11/2023 23:18

Porkepic · 13/11/2023 15:41

Most proceedable buyers would only offer on the condition that the house is taken off market. If the seller legally commit to refund all incurred cost to the buyer if they (seller) pull out then maybe you have an angle. Massive red flag from the start, I guess it worked well when people were fighting for each and every houses post Covid.

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We tried to get this one off the market once we had had an offer accepted, the answer was no, the agent said they didn't do it. Had there been other similar houses I'd have told them to do one, but there weren't. And we did get stiffed by another buyer coming in at the last minute (six months later, when we were only waiting that time for the vendors as we were genuine cash buyers), costing us 15K to retain the house. If a house wasn't anything unusual, I'd walk if it wasn't taken off the market.