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  • FIRST POST
    • Emanef
    • By Emanef 17th Mar 17, 6:05 PM
    • 118Posts
    • 28Thanks
    Emanef
    Advice please: buying prop, seller pulled out, then put back on market 4 weeks later
    • #1
    • 17th Mar 17, 6:05 PM
    Advice please: buying prop, seller pulled out, then put back on market 4 weeks later 17th Mar 17 at 6:05 PM
    Hi guys

    Just after some advice please.

    We had an offer on a property accepted back in September last year. We had paid for the surveys and local authority searches, but due to the top of the chain causing issues it dragged out. We were close to exchanging in December, but then it was delayed further. The people we were buying from found another property so it was all back on. However, four weeks ago we had a call from the estate agent to say they were really sorry but the sellers had decided to take it off the market.

    All very annoying, seeing as we had paid for the searches, surveys and also our mortgage offer had expired, which meant we lost the fee we had paid for it. In total it was around £3000 we lost.

    I've just had a call from the estate agent to let me know that it's back on the market with another estate agent..... for £75 grand more than they had accepted back in September.

    I'm furious. Not only did we lose that money, but we slowed down searching because we thought we had it agreed, and the sellers never indicated that they were going to pull out (we actually bumped into them a week before they pulled out and they were really friendly, said they'd been chasing to get it through, etc).

    I know there's little we can do, but is there anything?

    Aren't there rules about how long they have to wait to put it back on the market if it's previously been marketed and later withdrawn?

    Are we able to take them to a small claims court to recover the money we have lost?

    Thanks
Page 1
    • dlmcr
    • By dlmcr 17th Mar 17, 6:20 PM
    • 95 Posts
    • 93 Thanks
    dlmcr
    • #2
    • 17th Mar 17, 6:20 PM
    • #2
    • 17th Mar 17, 6:20 PM
    Nope.

    Welcome to the uk property market. Broken on so many levels.
    • anselld
    • By anselld 17th Mar 17, 6:21 PM
    • 5,045 Posts
    • 4,551 Thanks
    anselld
    • #3
    • 17th Mar 17, 6:21 PM
    • #3
    • 17th Mar 17, 6:21 PM
    No, absolutely nothing you can do.
    Even if they would re-accept your offer (unlikely) it would be futile as they are probably just timewasters not motivated to sell.
    • DaftyDuck
    • By DaftyDuck 17th Mar 17, 6:21 PM
    • 3,467 Posts
    • 6,866 Thanks
    DaftyDuck
    • #4
    • 17th Mar 17, 6:21 PM
    • #4
    • 17th Mar 17, 6:21 PM
    There is nothing you can do on either count.
    • Emanef
    • By Emanef 17th Mar 17, 6:29 PM
    • 118 Posts
    • 28 Thanks
    Emanef
    • #5
    • 17th Mar 17, 6:29 PM
    • #5
    • 17th Mar 17, 6:29 PM
    Nope.

    Welcome to the uk property market. Broken on so many levels.
    Originally posted by dlmcr
    It really does suck!

    Thanks for the quick replies to clarify. We know they were eager to move so hopefully they'll get stuck in a very long chain and still be there in two years time....!
    • Sleazy
    • By Sleazy 17th Mar 17, 6:34 PM
    • 3,799 Posts
    • 3,305 Thanks
    Sleazy
    • #6
    • 17th Mar 17, 6:34 PM
    • #6
    • 17th Mar 17, 6:34 PM
    Maybe somebody (?) - Not you, will put in an offer that the seller will accept, with of course no intention of proceeding.

    I'm not suggesting that you deliberately waste their time of course
    Signed Sleazy
    Otherwise known as the Lounge Lizard
    • sparky130a
    • By sparky130a 17th Mar 17, 6:39 PM
    • 426 Posts
    • 581 Thanks
    sparky130a
    • #7
    • 17th Mar 17, 6:39 PM
    • #7
    • 17th Mar 17, 6:39 PM
    We know they were eager to move so hopefully they'll get stuck in a very long chain and still be there in two years time....!
    Originally posted by Emanef
    Well clearly not. How did you "know" this?
    • AFF8879
    • By AFF8879 17th Mar 17, 7:28 PM
    • 332 Posts
    • 408 Thanks
    AFF8879
    • #8
    • 17th Mar 17, 7:28 PM
    • #8
    • 17th Mar 17, 7:28 PM
    With the mortgage fee - most lenders would extend the offer period if the deal collapsed through no fault of your own, or at least let you re-apply for a new product and waive the fee - have you contacted them? I'd be extremely surprised if they just flat out refused to help you.
    • Cakeguts
    • By Cakeguts 17th Mar 17, 8:51 PM
    • 1,670 Posts
    • 2,028 Thanks
    Cakeguts
    • #9
    • 17th Mar 17, 8:51 PM
    • #9
    • 17th Mar 17, 8:51 PM
    It sounds as if they don't really want to sell it and have been forced to put it on the market for some reason. They withdrew when it looked as if they really would sell and then put it back on the market at a price where they know no one will be interested and so they won't actually ever sell it.
    • walwyn1978
    • By walwyn1978 17th Mar 17, 9:40 PM
    • 257 Posts
    • 235 Thanks
    walwyn1978
    It sounds as if they don't really want to sell it and have been forced to put it on the market for some reason. They withdrew when it looked as if they really would sell and then put it back on the market at a price where they know no one will be interested and so they won't actually ever sell it.
    Originally posted by Cakeguts
    That. We looked at a house once and offered full asking, which was turned down. The property then came off the market and went back on at a higher figure, then off again, then on again with a 3rd agent subsequently. Over the year or so it was on our radar the asking went up by 60k.

    We found out later through a chance conversation with the first EA that the property belonged to a divorced couple. She was living in the house, he wasn't, she didn't want to leave....


    Obviously this may not be exactly the same as your situation, but regardless it leaves you at the wrong end of it all. Chalk it up to experience, sadly. Good luck with your house looking.
    • hazyjo
    • By hazyjo 17th Mar 17, 11:22 PM
    • 8,663 Posts
    • 10,649 Thanks
    hazyjo
    They could in fact have done it while you were buying it, not even after. I have had people do it to me. Survey done, going along okay, and BAM they decide they want another ten grand (despite their house having been on with at least three agents for a few months before we came along).

    I told them where to go and had to start again (even lost the next house as they decided to take it off the market - after our survey again. VERY annoying).

    Jx
    2017 wins: Opera tickets; cinema tickets; Ideal Home Show tickets
    • Emanef
    • By Emanef 21st Mar 17, 4:01 PM
    • 118 Posts
    • 28 Thanks
    Emanef
    It sounds as if they don't really want to sell it and have been forced to put it on the market for some reason. They withdrew when it looked as if they really would sell and then put it back on the market at a price where they know no one will be interested and so they won't actually ever sell it.
    Originally posted by Cakeguts
    I think you've given them too much credit, I'm afraid. They only bought the house a few months before they put it on the market as they decided the area wasn't for them. We've spoken to them and they confirmed that the agent they were buying through had told them they were selling it to cheaply and to take it off and put it back on higher. It probably is worth more now than when we agreed the price, but they didn't get any other offers at the time seven months ago and it was their end that caused the delay. Just disappointing and frustrating that they have not honoured the deal when, as I said, they really do want to move.

    My wife has had a bit of a moan and them and I've had a go at their new estate agent, so whilst it didn't achieve anything it was cathartic for us.....! We can move on from the experience now...
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