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Verbal agreement

2003BHOY
Posts: 21 Forumite
We are selling our house in Scotland and after drawn out negotiations we received what we were told would be a final offer on Friday. My wife phoned our estate agents this morning to say we would accept the offer. I was unaware my wife had phoned and later during my lunch hour phoned the estate agent to see what was happening. She informed me that she had contacted the buying couple to inform them of our accepting the offer and they had told her they wanted to view another property which is on the same estate agents books. This property is similar to ours but way under priced due to being a repossession.
What is the situation in Scotland regards legally binding verbal agreements, the couple have already had a survey carried out so can't use this as a get out clause?
What is the situation in Scotland regards legally binding verbal agreements, the couple have already had a survey carried out so can't use this as a get out clause?
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Comments
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If you haven't received an offer in writing, you haven't received an offer, in my estimation.
It also seems to me that when the EA spoke to the buyers to say "We accept your offer" and they said they wanted to view another, her next response should have been "Are you withdrawing your offer?"
Did she ask this?
Do the buyers think their offer is still on the table, and can be 'pending' whilst they view elsewhere?0 -
If you haven't received an offer in writing, you haven't received an offer, in my estimation - but speak to your solicitor or agent.
I've been told by a previous estate agent that the law in Scotland was that the verbal offer was legally binding. This estate agent says that the deal can be dropped at any point until the missives are signed, but she has a vested interest in both properties.0 -
I always thought a verbal agreement was not worth the paper its written on....:jProud mummy to a beautiful baby girl born 22/12/11 :j0
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In Scotland a verbal agreement is legally binding.
N.Never be afraid to take a profit.
Keep breathing. :eek:
Just because I am surrounded by FOOLS does not make me wise. :j0 -
Trouble is, I suppose, if it takes time for their offer to be accepted verbally, even if only 15 minutes - and in this case it was a whole weekend, then they might say as soon as the EA rings back, oh, sorry that offer is on-hold/withdrawn as something else has got our interest at the minute...
Typically awkward Scots. How does anyone prove what was said. Isn't that why you need things in writing...0
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