Offer accepted - vendor won't take off market

delmar39

Yep this is something I would do, once you've got the valuation done it means you're prepared to commit financially, so this seems fine. Get the valuation done, mortgage arranged and you'll be sorted. Look at it from their point of view. You may know you're serious, but they don't, not yet anyway.

sunshinetours

RX-78 wrote: »

Make sure you have it in writing that the vendour will take the property off the market when the survey is booked.

Did you put your offer in writing? There was a thread here before about formalizing an offer and you can put that as part of the condition of offer.

Irrelevant as means nothing until contracts are exchanged

Just get your side done very quickly to avoid anyone else beating you to the exchange
If you don;t like it find another house i guess

Not sure what else you can do?

RX-78

sunshinetours wrote: »

Irrelevant as means nothing until contracts are exchanged

Just get your side done very quickly to avoid anyone else beating you to the exchange
If you don;t like it find another house i guess

Not sure what else you can do?

In terms of house buying it may mean nothing. But I would think in terms of contractural agreement to take the house off the market as part of condition of offer it may allow the buyer to sue the vendour for cost.

Again, as I'm not legal expert, I'm only guessing.

sunshinetours

RX-78 wrote: »

In terms of house buying it may mean nothing. But I would think in terms of contractural agreement to take the house off the market as part of condition of offer it may allow the buyer to sue the vendour for cost.

Again, as I'm not legal expert, I'm only guessing.

There is no binding contract until contracts are exchanged so it means nothing unfortunately under our current system

If it makes someone feel like they are doing something then fine but certainly shouldn't be relied on. You can put whatever conditions you like in a contract but both parties have to agree to be bound by that contract

RX-78

Agreed its something that shouldn't be relied upon. But as I said its better then doing nothing and it will only cost you the price of fax.

p.s. Isn't accepting the offer regarded as accepting the terms of the offer?

POPPYOSCAR

RX-78 wrote: »

In terms of house buying it may mean nothing. But I would think in terms of contractural agreement to take the house off the market as part of condition of offer it may allow the buyer to sue the vendour for cost.

Again, as I'm not legal expert, I'm only guessing.

You are guessing wrong.It means absolutely nothing as we found out.All our solicitor could do was write a snotty letter to the EA and complain about him to some sort of EA organisation(Cant remember what they were called) but it didnt get us anywhere.There is no legal redress only a moral one and if the EA wants to play dirty there is nothing to stop them.Once contracts have exchanged yes you can go down the legal route, but as our solicitior explained to us it is not an easy one.A vendor can break the contract and sell to someone else.You have to put in some sort of injuction to stop the house being sold and then go to court.Even then they do not have to sell it to you but you can sue for costs etc.

(I cant tell you on a public forum what my Oh wanted to do to this guy!!)

sunshinetours

RX-78 wrote: »

Agreed its something that shouldn't be relied upon. But as I said its better then doing nothing and it will only cost you the price of fax.

p.s. Isn't accepting the offer regarded as accepting the terms of the offer?

Nothing is binding on either party until contracts are exchanged , that is the key bit

Also the OP thinks they may be buying from a developer, putting in unenforceable clause into an offer just makes poeple look like they don't know what they are doing

Think the OP just needs to get their skates on and get moving on the legals and surveys or find another house where someone will do as they request

not_loaded

sunshinetours wrote: »

…Think the OP just needs to get their skates on and get moving on the legals and surveys or find another house where someone will do as they request

How true! Less talk and more action needed. The solicitor could have been sorted ages ago for example. To be a confident vendor, I’d expect a surveyor in within a week. Ten days tops.

It ain’t a buyers’ market round here…

RX-78

sunshinetours wrote: »

Nothing is binding on either party until contracts are exchanged , that is the key bit

Also the OP thinks they may be buying from a developer, putting in unenforceable clause into an offer just makes poeple look like they don't know what they are doing

Think the OP just needs to get their skates on and get moving on the legals and surveys or find another house where someone will do as they request

Doesn't exchange of contract refer to actual house buying? The conditions of the offer should refer to the offer, and not the actual transfer of the ownership of the house.

Probably a grey area in legal world? As I said before there is no harm in writing a formal offer I dont think..

tux900

RX-78 wrote: »

Doesn't exchange of contract refer to actual house buying?

Exchange is agreement to buy (with all associated and specified conditions), completion is actually buying.

Probably a grey area in legal world?

Nothing grey about it - conditional offers mean nothing!

As I said before there is no harm in writing a formal offer I dont think..

More to the point, there's nothing gained either so the OP, or any other buyer in a similar situation, really needs to just get moving with progressing the sale as nothing else will secure it. Nothing implies greater commitment than parting with money and the sooner a buyer puts their money where their mouth is the better.

Mathew