Estate Agent won't put forward my offer until I talk to their mortgage people

firsttimetom

DVardysShadow wrote: »

If the vendor said "I do not wish to see offers which do/don't fulfil criterion X", I would expect the agent not to forward these. It is only against the law for the agent to disclose where the vendor has not specified that offers which do/don't fulfil certain criteria are not to be passed on.The vendor in this case has apparently ticked the box.

That is assuming of course that the Vendor even ticked such a box in the first place and that it isn't just EA BS.

I would put a letter through the door as well, mention that the EA's would not allow it, and that you have an Agreement in Principle for the amount you are offering through your own broker. Maybe ask advisor if you can include their number if the vendor wants to verify.

DVardysShadow

firsttimetom wrote: »

That is assuming of course that the Vendor even ticked such a box in the first place and that it isn't just EA BS.

Of course. But the Agent makes himself quite vulnerable to a very serious charge if he does that. It only takes a mystery buyer ....

KateLiana27

Note through the door - without question!

Do it tonight and let us know what they say.

sirmosh

Not particularly helpful for you, but I put in an offer through BE without seeing any mortgage guys. They did try and get me to see them but I told them I already had my AIP and they backed off.

Shyposter

This is exactly the same as us - we are buying a house, but when we initially put the offer in, they Estate Agent said they would pass on the offer to the vendor, but that they couldn't 'recommend' our offer until we'd seen their financial advisor to prove our position.

However, I wasn't taking no for an answer - so they put forward our offer, and ir was accepted - and we got our AIP letter faxed through from the bank to prove our position (we'd sold 6 weeks previously so they also confirmed with our estate agent).

They eventually dropped their determined stance to get us through their door and we've never been in.

They since rang us and offered us house insurance through their financial advisor - at a whopping £18 a month above what we're about to pay (and we could have got it cheaper than that)!

Stand your ground - they have to pass on your offer, in writing! Good luck!

mandi

DVardysShadow wrote: »

If the vendor said "I do not wish to see offers which do/don't fulfil criterion X", I would expect the agent not to forward these. It is only against the law for the agent to disclose where the vendor has not specified that offers which do/don't fulfil certain criteria are not to be passed on.The vendor in this case has apparently ticked the box.

We are going to have to agree to disagree on this Dvardy I'm afraid .

If this is in fact happening I find it very disturbing for a multitude of reasons one of which has already been mentioned above .

Until I see evidence as laid down by law that this practice is legal , I shall continue as always to submit each & every offer as stated in Estate Agency Act .


It's examples like this that give Estate Agents a bad reputation .:)

DVardysShadow

mandi wrote: »

We are going to have to agree to disagree on this Dvardy I'm afraid .

If this is in fact happening I find it very disturbing for a multitude of reasons one of which has already been mentioned above .

Until I see evidence as laid down by law that this practice is legal , I shall continue as always to submit each & every offer as stated in Estate Agency Act .


It's examples like this that give Estate Agents a bad reputation .:)

Agreeing to disagree is a silly notion. We do disagree, but I disagree that we should disagree.

There is no Estate Agency Act. So which legislation are you referring to?

[It would be nice if Agents knew their legislation ... ]

timmyt

I agree with DVardysShadow - its also logical - the Seller can accept whichever offer they want. god knows we can all sell to whoever we want.

DVardysShadow

mandi wrote: »

Until I see evidence as laid down by law that this practice is legal , I shall continue as always to submit each & every offer as stated in Estate Agency Act .

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/estate-agents-act/handling-negotiations

Informing clients about offers

You must give your clients written details of all offers received from potential buyers. This information must be passed on promptly. It can be sent by hand, post or fax.
You should keep a written record of all offers that you receive.
If your client tells you in writing that it isn't necessary to pass on certain offers, you don't have to write in those circumstances. For example, this could happen if the client doesn't want you to write with offers below a specific price level.

OK, it is not the legislation itself, but you would think the OFT would get this right. Certainly the agent in this case has got its position covered.

Are you agreeing to agree yet?

mandi

DVardysShadow wrote: »

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/estate-agents-act/handling-negotiations

Informing clients about offers

You must give your clients written details of all offers received from potential buyers. This information must be passed on promptly. It can be sent by hand, post or fax.
You should keep a written record of all offers that you receive.
If your client tells you in writing that it isn't necessary to pass on certain offers, you don't have to write in those circumstances. For example, this could happen if the client doesn't want you to write with offers below a specific price level.

OK, it is not the legislation itself, but you would think the OFT would get this right. Certainly the agent in this case has got its position covered.

Are you agreeing to agree yet?

I'll give you that one Dvardy BUT my impression still is that BE using this as an opportunity to generate mortgage leads .

I have never yet met a vendor who would not want to be informed of each & every offer . Which makes me question the way the seller was informed this would happen and if it's common practice .

I would be intrested to see what the NAEA perspective of this would be .