When should agent remove house from market (Scotland)

vegasvisitor

Hi

We've offered on a house recently (3 weeks ago), with mortgage and survey clause. No sign of any 'SOLD STC' or anything online on the house. Almost 2 weeks ago we removed the survey clause (as soon as survey was done and reported back to us), then removed the mortgage clause last tuesday. The paperwork was with their lawyer most of last week for them to send back a qualified acceptance. Eventually it reached our lawyer on Friday and she sent us a letter asking us to confirm in writing and she will conclude the missives (this will happen tomorrow).

Agent is still marketing the house, I don't think there's any active interest (owner is on holiday but in contact with us throughout the last few weeks), but we're telling people we've bought a house, and they can then view it online including price etc which is a bit annoying.

I realise they don't want to remove it until it's a completely 'done deal' (which it will be by tomorrow). I wondered that as from tomorrow we will be fully committed to buy the house, surely then we have a right to tell them to get it off the market?

VIGILANT22

As you said you haven't signed missives....possibility sale could fall through.....
the agent is acting on behalf of their client ..If you dont want people to know the price you've paid don't tell them you have bought it!..Anyway you may have offered higher or lower.........However if people are so interested, plenty websites you can access to see what people have paid for houses...........Think you're giving yourself a lot of stress for nothing

vegasvisitor

Sorry, I'm not in a lot of stress about it.

I do realise that they want to take care until sold, but I wonder why they don't use the Sold STC comment on the house - it just still seems like it's available for sale.

Presumably then once we conclude we have more right to say it should be off the market? That's what I meant really. I just want to know what stage it should be off the market, I'm thinking when we've concluded it should definitely be off?

VIGILANT22

.. once your missives are signed you're locked in contractually...regardless of whether it is on a website or not!...if advertised on websites like GSPC they do remain on there until missives are signed otherwise the vendor/the agents client would have to pay for it to be readvertised if the sale fell thru........

googler

If the selling agents are a solicitor/estate agent, the Law Society of Scotland guidelines seem to suggest (para 11 HERE) that a property shouldn't be 'withdrawn from market' until the bargain is concluded (at conclusion of missives).

Whilst it seems, therefore, they can still openly advertise the property, what they CANNOT do is accept a second offer on that property until the first has been either rejected by the seller's solicitor, or the buyer's solicitor has withdrawn it. If the seller instructs their solicitor to do this, the solicitor is expected to step down and tell their client to find himself another solicitor......

Is the house showing as still available on the agent's own website, an SPC website, or some other portal?

vegasvisitor

Thanks Googler. Realise we don't have anything we can really say until missives are concluded (hopefully tomorrow), which is why we are wondering right now if we will be able to ask the status shortly.

It's still showing as available, no mention at all of it being STC or under offer or anything. I think they should be showing it as at least Under Offer or SSTC. I think maybe the Estate Agent is just being lazy though, however I do wonder what would happen if someone called up about it for a viewing or whatever!

googler

googler wrote: »

Is the house showing as still available on the agent's own website, an SPC website, or some other portal?

??????????

vegasvisitor

lesley74 wrote: »

It's still showing as available, no mention at all of it being STC or under offer or anything.

Yes, still showing as available on the websites (GSPC, Rightmove etc).

VIGILANT22

...if advertised on websites like GSPC they do remain on there until missives are signed otherwise the vendor/the agents client would have to pay for it to be readvertised if the sale fell thru........

vegasvisitor

Thanks guys but I realise that.

I want to know that when missives are concluded can I ask them to take it off the market completely. I haven't done anything about it until now that I know missives will be concluded today.

VIGILANT22

why are you worrying so much about this???.....the agent is working for the client