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Do agents need to pass on new offers after acceptance of another offer?

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  • CarlK
    CarlK Posts: 4 Newbie
    Obviously if you are serious about buying a property and offering on it then you shouldn't be too worried about putting it in writing (adding STSC as others have mentioned).

    Surely the whole purpose of putting Subject to Contract is so that you do not make it legally binding at that stage.
    In fairness the OP may just be worried about making something binding on him before surveys and legals were done which obviously you wouldn't want if a problem with the title or survey was present.

    Exactly. I think that anybody who would make an offer that was legally binding without surveys and legals would be pretty stupid.

    I appreciate the advice that has been given here, but frankly do not understand why some people would take the time to post just to suggest that I am not putting in serious offers.

    After all, if you get correspondence from estate agents discussing offers, you can be sure that they have Subject to Contract stamped in big/bold letters. Are they not being serious too? Or are they just taking the normal precautions that any sensible person would?
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,902 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    We had exchanged contracts when the estate agent approached us with an offer to buy the contract from us, when we refused he said he had to inform the seller.
  • sunshinetours
    sunshinetours Posts: 2,854 Forumite
    CarlK wrote: »
    Surely the whole purpose of putting Subject to Contract is so that you do not make it legally binding at that stage.

    I am sure a solicitor can confirm but I don't think any offer verbal or written is binding on its own in England and Wales. I think its just best practice actually - sure a legal mind can confirm

    From Directgov website

    A buyer's offer is not legally binding in England and Wales, even if it's accepted by the seller. This means that the agent is legally obliged to pass on any other offer received for the property up to when contracts are exchanged.




    Exactly. I think that anybody who would make an offer that was legally binding without surveys and legals would be pretty stupid.

    I appreciate the advice that has been given here, but frankly do not understand why some people would take the time to post just to suggest that I am not putting in serious offers.

    After all, if you get correspondence from estate agents discussing offers, you can be sure that they have Subject to Contract stamped in big/bold letters. Are they not being serious too? Or are they just taking the normal precautions that any sensible person would?

    The contract isn't with the agent (apart from the vendor paying their fees) so I think all any agents correspondence would indicate just the stage of the contract ie subject to etc etc

    I think some have just read to much into your wording - don't take it personally and don't forget its an open forum so you will get all sorts of opinions if you post here
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