estate agents!!!!!!!! crap situation

spluff

I am really sick.......

Had an offer of a person (Person A) who we accepted which was a few grand off the asking price. We then received another offer which was much lower (around 10grand) from another person an investor (Person B)and they said they wouldnt budge. We asked if Person A he would increase it slightly . He met us half way and we agreed.

The estate agent rings me and tells me Person B has now increased their offer and going to pay our asking price. I told her that I need to speak with my wife as I cannot make any decisions on my own. I wanted to keep with Person A offer as we already agreed and he wanted the house for himself. Anyway before I could speak to my wife the estate agent rings and tells me Person A has withdrawn his offer as he cannot match the other persons offer and he is stretching himself........... so she says we have to go with Person B. I wasnt happy but I thought fair enough atleast we have the one offer........

Well after 4 or 5 days Person B has dropped out, buying a property elsewhere.

I think Person A probably dropped out as he thought we were trying to get more money or something - which we werent. The estate agent didnt even ask permission to tell Person A about the higher offer!!!!

Now im without any buyer - I asked the EA if I could speak with buyer A to explain the situation, but she said I cannot have his number......

Any ideas what I can do?

lynzpower

the EA should be making those calls to that buyer A to a) apologise b) chase the sale. Id speak to the manager if you remain pi55ed off.

buyer A obviously wanted it.

Buyer B can be drawn ourt of the whole equation

Buyer A should, eve out of common courtesy be rang and explained to.

Id have thought it illegal to give you buyer As no without their written consent under the data protection act?

fivemice

I'd be fuming with your EA. What was he/she doing telling Buyer A about Buyer B's offer before you had even spoken to your wife and decided what you wanted to do?

courtjester

spluff wrote:

Now im without any buyer - I asked the EA if I could speak with buyer A to explain the situation, but she said I cannot have his number......

Your agent is acting on your appointment as the principal - they cannot refuse to provide you with any information about your sale, offers or the parties to it. If they do, they are in breach of their agency contract.

It sounds like they are also in breach of that contract to act in in your interests and upon your instructions - they clearly took it upon themselves to negotiate an alternate deal without your consent.

This is definitely worth a formal complaint, firstly to the branch manager and then upwards and /or at the same time to any trade association they belong to (NAEA or Ombudsman).

I would insist that they disclose the contact details of your offer A failing which you will pursue a formal complaint about their unauthorised negotiation and consider their contract void on the grounds of fundamental breach (failure to act in your interests) and all monies due under it.

spluff

funny really estate agent has just rung and said they have spoke with Person A and he is still interested but going to think about it.

Lets see what happens next.

I agree that it is totally irresponsible of the estate agent to do things without our permission. I can even understand how Person A feels - thinking I am trying to make him up his offer or whatever - i would feel the same! and that is probably why he dropped out. I dont really want to go complaining about the estate agent - what will that gain me?

Thanks for all your replies.......... Its good to get it off my chest!

moov-in

For what it's worth...

Visit your estate agent, get them to ring buyer A while you're there and ask if you can contact them direct.

Once you explain the situation to buyer A they'll understand you had nothing to do with this atrocious negotiating and be more open to carrying on.

If you let the agent do this when you're not listening, they're certainly going to cover their !%se!

Better to try and save this deal than go go on the offensive right now. If buyer A decides to go elsewhere, then it's time to find another agent immediately.

Remember, you're the boss!

ArchieB_2

Too many people don't complain and this means Estate Agents will continue to practice in a shoddy manner. They get a lot of money for doing very little.

I personally would not tolerate any underhand tactics when selling my house and came down like a ton of bricks when my EA suggested such tactics when I had a few people interested. IMO 50% of them are crooks, the other half are just liars!

This EA clearly wanted buyer B to buy your house (Investors usually can complete quickly meaning the EA get's you off their books and can earn more money).

prudryden

Where were you when the EA showed the buyers the house? Or are they buying sight unseen? That would make me suspicious right away.

spluff

i showed them both myself.......... dont want an estate agent to do a totally unprofessional job :P