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Can they do this?

36 replies

Ohwhatswrong · 31/07/2025 22:47

We found our dream home, put in offer, and it was accepted, they gave us four weeks to get our house on the market and sold. If we didn't within the 4 weeks then they would be open to other offers, that's all fine.
Less than two weeks later and only on the market for 1 day the estate agent called, (listed with the dream house agent for ease), someone has put an offer in on the house they are proceedable and 5k more so sellers have said yes.
We are devastated, what about honouring our agreement?
We feel so let down and now don't trust the agent, can they do that?

OP posts:
Haggisfish3 · 31/07/2025 22:48

Yes, sadly.

youwillneverknow · 31/07/2025 23:12

Did they mark the property as “under offer” on RM?

Tupster · 31/07/2025 23:22

They can, and TBH I'd do the same as them. You've were given 4 weeks to sell your property and you've not even been on the market for the first two of them. As a vendor I'd feel that you weren't really serious about selling or your offer. To be fair, I'd never have even accepted an offer from a non-proceedable in the first place but if you weren't on the market immediately with a deal like that, I'd say you didn't keep your side of the bargain either.

Timetochangemyname · 31/07/2025 23:25

Normally you wouldn't make an offer until you've sold your own home.

Littletreefrog · 31/07/2025 23:27

Yes they can and it's odd you offered on a house without your even being on the market, unless you were able to proceed without selling your current house

Gunz · 01/08/2025 06:35

Tbh you were lucky to get a viewing. When I was looking earlier this year, you had to be under offer. Very popular houses will go in 7 days in the area I was looking.

bluecurtains14 · 01/08/2025 06:36

Why weren't you on the .market the day you made your offer?

NonmagicMike · 01/08/2025 06:50

Put yourself in their shoes. They have you who still needs to sell your home which will take god knows how long vs someone else who is paying 5 grand more and is ready to go now. I’d drop you in a flash too I’m afraid and they’re well within their rights to do so.

pilates · 01/08/2025 07:05

Yes.
I never understand why people look when they haven’t sold let alone not on the market.

DrySherry · 01/08/2025 07:07

I know if I were you I would be very cheesed off by this - but it's how things work unfortunately.
I would try to keep in mind though that only around half of offers accepted actually result in a completion so there is a possibility that your dream house comes back on the market. Keep your communication channels open and polite in case that happens and you get another shot at it 🤞

Isitreallysohard · 01/08/2025 07:13

Tupster · 31/07/2025 23:22

They can, and TBH I'd do the same as them. You've were given 4 weeks to sell your property and you've not even been on the market for the first two of them. As a vendor I'd feel that you weren't really serious about selling or your offer. To be fair, I'd never have even accepted an offer from a non-proceedable in the first place but if you weren't on the market immediately with a deal like that, I'd say you didn't keep your side of the bargain either.

Edited

This. Chances of you selling in 2 weeks is low. Offer more and see what happens.

Isitreallysohard · 01/08/2025 07:14

pilates · 01/08/2025 07:05

Yes.
I never understand why people look when they haven’t sold let alone not on the market.

I won't. I'm super fussy with what I want and have a great place now, I wouldn't want to risk losing my place and not having a better one to go to

Silvertulips · 01/08/2025 07:18

You shouldn’t have viewed without your property on the market - you didn’t even have it ready to go one the market.

Its not different to buying any other item, you don’t go in a shop and reserve your item not knowing when you can pay for it.

LoveWine123 · 01/08/2025 08:02

They shouldn’t have accepted an offer from a buyer who is not proceedable. It’s a bit shit of them to be honest. But you were also faffing around with not putting yours on the market. Unfortunately the UK buying and selling process is awful and there is a lot of stress and heartache as people are allowed to change their mind months after the purchase/sale has been agreed. You just have to move on from this house now and prepare yourselves for more of this. You can also offer more money and see if that will help.

WonderingWanda · 01/08/2025 08:12

We couldn't even get a viewing on houses around here unless we were in a proceedable position so I'm quite surprised to be honest. We sole ours within a week and then had a mad rush to find something....our buyers were supportive of this because like us had been in a similar boat.

WellIquitelikesprouts · 01/08/2025 08:17

TBH your offer was unrealistic. Even if you were lucky enough to instantly find a buyer , conveyancing takes months usually these days, not 4 weeks. They shouldn’t have accepted your offer and the estate agent should have advised you better.

Gardendiary · 01/08/2025 08:28

The only thing wrong here is that they should have said no in the first place. It’s like going to a shop and trying to buy something with no money. You didn’t have an offer on your house and therefore couldn’t really offer on another one.

housethatbuiltme · 01/08/2025 08:42

WellIquitelikesprouts · 01/08/2025 08:17

TBH your offer was unrealistic. Even if you were lucky enough to instantly find a buyer , conveyancing takes months usually these days, not 4 weeks. They shouldn’t have accepted your offer and the estate agent should have advised you better.

Conyencing has no part of it, they simply had 4 weeks to list and get an offer accepted on their house.

OP as everyone else said its virtually unheard of to have an offer accepted if you aren't proceed-able. There was a good chance you wouldn't hit that deadline anyway. Very few sellers do and to hit it your house would have to be priced very competitively to get quick viewings/offers. It can be done our friends went from listing to offer in under 2 weeks to secure their dream house that came up but they where very realistic, got house ready and posted fast with a low value price and open to offers from proceed-able buyers. Their offer wasn't accepted UNTIL they where proceed-able though so they really rushed.

I don't know why you don't trust the agent, they have nothing to do with it. They by law have to submit all offers and they don't choose to accept them. Agents work for the seller not the buyer so there no need for you to 'trust' them (outside of the basic data protection laws etc...) anyway.

rainingsnoring · 01/08/2025 08:47

They shouldn't have accepted your offer because it wasn't a viable offer. That was a mistake or they were being dishonest with you or there was a misunderstanding between them/the agent and you.
The sellers can certainly accept their only viable offer instead.

WellIquitelikesprouts · 01/08/2025 08:57

housethatbuiltme · 01/08/2025 08:42

Conyencing has no part of it, they simply had 4 weeks to list and get an offer accepted on their house.

OP as everyone else said its virtually unheard of to have an offer accepted if you aren't proceed-able. There was a good chance you wouldn't hit that deadline anyway. Very few sellers do and to hit it your house would have to be priced very competitively to get quick viewings/offers. It can be done our friends went from listing to offer in under 2 weeks to secure their dream house that came up but they where very realistic, got house ready and posted fast with a low value price and open to offers from proceed-able buyers. Their offer wasn't accepted UNTIL they where proceed-able though so they really rushed.

I don't know why you don't trust the agent, they have nothing to do with it. They by law have to submit all offers and they don't choose to accept them. Agents work for the seller not the buyer so there no need for you to 'trust' them (outside of the basic data protection laws etc...) anyway.

Sorry I misread the conditions of the offer being accepted.
It was a still a long shot that this would work out.

housethatbuiltme · 01/08/2025 09:09

rainingsnoring · 01/08/2025 08:47

They shouldn't have accepted your offer because it wasn't a viable offer. That was a mistake or they were being dishonest with you or there was a misunderstanding between them/the agent and you.
The sellers can certainly accept their only viable offer instead.

I'm not sure it was an acceptance probably more a misunderstanding. I have not really heard of a 'unproceed-able' offer being accepted. Being accepted mean appointing solicitors and receiving the memorandum of sale and going SSTC which you can't really do if you cannot proceed.

OP probably misunderstood that they would hold her offer open for 4 weeks to give her the chance to become proceed-able. Its not an 'acceptance' but rather a 'non rejection with terms' but the house is still on the market to other buyers (which came along ending the offer).

newrubylane · 01/08/2025 09:20

It's a buyer's market right now. Houses aren't selling and agents aren't gatekeeping viewings like they were (at least not round here) because they don't have that luxury anymore. It's good in that it allows prospective buyers like you through the door, but a buyer with an offer in the table is still in the strongest position. Vendors will take whatever half-decent offer they can get, hence they accepted yours even though you weren't proceedable, but jumped at a better one. It's bad luck but understandable on the vendors part (if a bit shitty). I'd keep an eye, it could easily end up back in the market yet.

Whaleadthesnail · 01/08/2025 09:24

They shouldn't have 'accepted' in the first place.

They should have said it's an acceptable offer but come back when your house is sold and they would stay on the market (which is obviously what they really meant)

Bluevelvetsofa · 01/08/2025 09:27

Put yourself in the vendor’s shoes. Would you continue with an uncertain offer, or proceed with a better one in a better position.

House buying and selling is a financial transaction. Their position is better than yours.

DrySherry · 01/08/2025 10:06

"Its not different to buying any other item, you don’t go in a shop and reserve your item not knowing when you can pay for it."

This unfortunately is the crux of it.