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Kuztardd

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Gwhiz

To be honest it's not a big deal is it?

Maybe they're waiting for your MIP to come through first? Until you can prove you can proceed I'd be wary of removing it from the site if it were me as anything could happen.

The_Drama_Llama

Whilst I agree with Gwhiz up to a point, it's a bit tricksy of the EAs. They're trying to avoid properties showing up as SSTC and then available again if the sale falls through.

I put in an offer on a house earlier this year which was later revealed to be dodgy by the survey. At no point did the agent mark it on RM as SSTC. I now wonder how many other times that had happened...I would have been more wary of putting in an offer if Property Bee had shown it go back and forth previously.

harrup

Kuztardd wrote: »

TBH, The reason is that It was a condition of my offer.
And I dont want other people to ask for a viewing or make an offer which could be in excess of mine as its a well valued property.
Last thing I want is to loose money on the money i have already spent.

I understand your grievance.

However...I'm not sure it is the BUYER who can stipulate what the EA should or shouldn't do and at what time...but the vendor ( since they are the client).

Thanks to the peculiarity of the English system ,from what I understand there is little you can do IF someone puts in a higher offer until you've exchanged contracts. Your only hope is if this should occur is that you can match the other offer - should you be inclined to do so - and that the vendor gives you first refusal.

I agree, it's frustrating and stressful. However.....if MY house was up for sale, I wouldn't permit the EA to withdraw its details ( obviously accompanied by the relevant "under offer" or "SSTC" details) either until contracts have been exchanged. For all I know the potential buyer could change their mind at any time. Not unheard of.

Good luck - hope the purchase goes smoothly.

hcb42

plus if you are still waiting for mortgage confirmation, I wouldnt take it off either!

Enfieldian

When you have a mortgage offer you could politely request that the vendor makes sure that the property is fully withdrawn from marketing.

JQ.

Personally, I would have refused to take it off the market on the basis that you don't appear to be in a proceedable position, so if I were you I wouldn't get too stroppy until you are.

I would also not be using the EA's mortgage broker - you are giving all your financial information to the company you are negotiating against, madness. If you're in a strong financial position don't be surprised if another buyer suddenly pops out of the woodwork and you're forced to increase your offer. Get your own INDEPENDENT financial advisor.

Kuztardd

JQ, it WAS a condition of sale.. but I'm realising that EA's are realistically typical of people perception.

and as for using the EA's broker, oh, believe me, its a contentious point, the phrase used was "the vendor is most likely to accept your offer over the others if you use our broker, by keeping it in house"
and yep, i sadly now know the legality of this!

hcb42

Kuztardd wrote: »

JQ, it WAS a condition of sale.. but I'm realising that EA's are realistically typical of people perception.

that's the problem though, there isn't a sale, there was an offer, but with no mortgage to back it up.

I've done this myself, but only when I have had a strong offer which cannot be reversed easily (i.e. under Scottish law)

harrup

Kuztardd wrote: »

but the EA was fully knowledgeable of my situation and that I had no AIP yet he accepted and understood that i wanted the advert to be removed when i made the offer.
the offer was not a condition of sale, it was a conditional offer. and also his condition of acceptance was that I use his Mortgage Broker.
I kept my side, he hasn't kept his.

This EA is a deceitful nitwit.

Why? You made your "conditional offer" in good faith. But a vendor accepting an offer isn't the same as say, a Uni making a "conditional offer" depending on the grades you get. Whereby if you get the stipulated grades, you have a guaranteed place.

ALL an accepted offer means that on this day, at that moment, the vendor accepted your proposal to buy their house for ££££. This is NOT the same as a guaranteed sale. Even IF your mortgage comes through

The vendor is free to change his mind if a better offer comes along. Or they may decide to withdraw the property from sale all together.

I agree - it's wrong....but that's how it is. The EA exploited your erroneous assumption that they would adhere to your "conditional offer" to get you to commit yourself to their mortgage broker. And it worked.

Frankly....unless you show up with a suitcase full of cash containing the full purchase price....I'm not sure you'll get very far if you complained to them. You'll just get a truckload of meaningless waffle likely to stress and annoy you further.

steve1980

Kuztardd wrote: »

JQ, it WAS a condition of sale.. but I'm realising that EA's are realistically typical of people perception.

You are not really in a position to be dishing out conditions!

Kuztardd wrote: »

and as for using the EA's broker, oh, believe me, its a contentious point, the phrase used was "the vendor is most likely to accept your offer over the others if you use our broker, by keeping it in house" and yep, i sadly now know the legality of this!

As you now know (I hope) they are not allowed to force you to use their broker/in house mortgage advisor.

As for the offer, you don't even have an AIP! Why are you being shirty?

Any other offers that come in for the property, the estate agent has to legally put all these offers forward to the vendor, no matter if they are higher, lower or the same as what you have offered.