SSTC - does EA still need to pass on offers?

[bartyfum]

A very stressful situation so please be kind.

We are first time buyers current renting, so no chain. We finally found what we thought would be our dream home. Due to visit tomorrow so I accept that we hadn’t actually seen it yet, but it’s honestly immaculate. Newly renovated, in our ideal area, completely perfect.

EA told us they’d had two acceptable offers already but both potential buyers in a chain. Viewing arranged for tomorrow. We had spoken to bank about mortgage and had solicitor lined up, all ready to make an offer. We were so sure that this was our house. My husband’s close relative died last night and he would have flown back home this morning but has delayed it to visit this property tomorrow.

Anyway, EA just text to say that they’d had an offer from someone in rented accommodation and seller has accepted it. Apparently seller has cancelled our viewing tomorrow. I explained that we could offer (quite a lot) more money and also wanted to buy all of the furniture that is being sold with the property, but EA adamant seller will not interested. He wouldn’t even consider going back to the seller.

We are so, so gutted. Is there anything we can do? My understanding is that the EA has an obligation to take all offers back to the seller, but I tried to call EA again to discuss and he didn’t answer.

Thanks in advance for any advice.

You need to leave this be

the owner has been crystal clear
the EA has been crystal clear

back to rightmove….

You had all this lined up for this “dream” property

that you hadn’t even viewed yet

Thanks. Suspected this might be the answer. Just really disappointing when we’re under time pressure to find somewhere!

I think the situation is different if you’ve already viewed. Not okay to try and view when it’s under offer.

Are you the poster that saw somewhere that they thought was a steal but full details had not been released?

No, not me!

You should have viewed on your own without your husband, and expressed an interest and that you'd be ready to buy etc at least (if not made an actual offer).

I've done this before.

Our viewing was arranged for tomorrow. EA didn’t give the option to view earlier. DH stayed in country to see it tomorrow as planned.

EA aware we were very interested and preparing to make an offer, and that we could go over asking price.

The agent just wants to get the sale done. A higher offer won’t make much difference to their commission, which is why they’re not keen on making your interest known to the vendor.

Stick a polite note through the door of the house. Say you are disappointed it has sold, you would potentially be prepared to offer £X and explain your position etc. That’s all you can do really, and it may work.

You don’t know what the other offer was. They could be equally as keen as you are.

They are not obliged to pass on offers once the seller has accepted an offer and cancelled all other viewings.

This happened to me, was heartbroken and 2 months later it was back on the market and I got it! Called the EA regularly to see how things were going… letting them know I was still keen etc. So things do happen… could you not ask the EA to keep you in mind if anything does happen with the sale?

Thanks all. Taking on board everything that’s been said. Glad it worked out for you @Doris86!

It’s called Gazumping, whilst not illegal it’s unprofessional and upsetting. You should be happy the EA and seller aren’t doing this - cause they would do it to you also!

I would post a note through the door explaining your situation and that you would be very interested in viewing the house if the current sale falls through.

If the current buyers start mucking them around, the sellers may consider giving you the opportunity to buy instead.

There's nothing else you can do, unfortunately.

Yeah imagine you where the one accepted and someone did this to you... wouldn't be nice would it?

Gazumping is highly frowned upon.

If they accepted the offer with viewing standing and then cancelled the viewings then it stands to reason that they got what they wanted and don't really care about ongoing offers.

I would drop a note through the door TBH, just in case the EA hasn’t passed it on- they only care about their commission and the way it is worked out there needs to be a quite big price increase to “justify” any extra work. Ignore people saying how awful it it, this is 1 day after the offer so it’s not like any costs have been wasted.

You need to be a lot less emotional to survive the house buying process. Don’t call anything your “dream home” until it’s yours. Up to that moment, it is just a good financial and personal decision.

There will be other houses, I promise.

Thanks very much for your support!

Absolutely, and I hope so!

Pretty much all EA manage to make houses look perfect, they have magic cameras which make 30 foot of garden look enormous. I have bought and sold 8 properties,lost count of how many I looked at,6 months before moving to this one,they all look perfect online. I think gazumping should be banned. I've had people pull out at the contract stage and one after exchange.

The EA isn’t obligated to pass offers on once the seller has said “I’m not interested in any other viewings or offers”. And yours isn’t even an offer, it’s a “can we see it, if we like it we’ll offer more”

Plus a lot of offers are made on the condition that future viewings are cancelled, because people don’t want to be gazumped. I wouldn’t want to hear that a house where my offer had been accepted was still doing viewings, I’d assume the seller wasn’t serious about progressing with my offer.

Plus a lot of offers are made on the condition that future viewings are cancelled, because people don’t want to be gazumped.

Exactly this - it’s part of the negotiation. We once had an offer accepted which was lower than the vendor wanted but agreed they would keep it on the market until we had done the survey. Other than that, I would expect the viewings to be cancelled.