Viewing house with two agents. Any issues

anisave

A house I am interested in is listed by two estate agents. I went to see the house couple of times with agent1. I placed the first offer just under 11% of asking price over phone. I haven't heard back from them for four days. I called them up and asked, they apologised and said that the offer was rejected and there is another offer on the table. I placed an second offer in writing ( about 10% less) which was rejected and agent1 said there is an another offer accepted by the vendor who is cash buyer and it is closer to asking price and guide me to offer at asking price to secure it. I have clearly said to them that I am not prepared to offer asking price. This house was on the market for about six months. I am a chain free buyer with MIP agreed. So I walked away. Few days passed... I Just come to know from a friend that agent2 is giving out viewings and saying the seller is motivated to sell and negotiable. I am confused! The way agent1 dealing with me always feels bit cold and something fishy. The communication from agent1 is very poor to say the least. I am thinking agent1 is playing tricks and I am not happy about it.

I am thinking of going with the agent2... Is there any complications going with agent2 where I viewed and offered for the house couple of times (once over the phone and once writing) with the agent1?

Any help is appreciated. Thanks

rickydark

Does agent1 happen to be Kinleigh Folkard & Hayward? If so, we had the EXACT same messing around. When we switched estate agents we found out that the first agent was lying from the start and was simply gazumping us with NO one else making any kind of offers.

Make the switch and go in at your original offer.

SG27

rickydark wrote: »

Does agent1 happen to be Kinleigh Folkard & Hayward? If so, we had the EXACT same messing around. When we switched estate agents we found out that the first agent was lying from the start and was simply gazumping us with NO one else making any kind of offers.

Make the switch and go in at your original offer.

I've had this exact same thing several times now with several different agents! Whenever I make an offer on properties, sometimes which have been on the market for over a year, there is suddenly a higher offer received that very day!! Strangely of the three properties this has happened on only one ever sold and that was several months after my offer was rejected.

What I intend to do now is offer what I would be prepared to pay and ignore all the estate agent lies.

DVardysShadow

If you change horses to deal with Agent 2, there is no problem for you. Potentially however, your vendor will become liable for fees to both agents - depending on how the second agent was engaged. If the vendor engaged them direct rather than the first agent engaging the second, you will make the vendor liable to 2 sets of fees in all probability. This will make you as a buyer more unattractive by an extra fee if the vendor is switched on.

I suggest that you drop a note in to the vendor with contact details and let the vendor know what has happened with your offer from your side and ask whether the agent is accurately representing their response to your offer.

martinsurrey

The agent is legally required to pass on all offers (unless the vendor has said not to pass on any under £XXXK), so if you do pass a note to the vendor and he hasn’t received your offer, he would have a case to get rid of the agent for breach of contract and avoid double fees.

In any case, what do you have to lose by letting them know of your interest?

DVardysShadow

martinsurrey wrote: »

The agent is legally required to pass on all offers (unless the vendor has said not to pass on any under £XXXK), so if you do pass a note to the vendor and he hasn’t received your offer, he would have a case to get rid of the agent for breach of contract and avoid double fees.

In any case, what do you have to lose by letting them know of your interest?

2nd agent will be very wary of OP if they are aware that OP has been dealing with 1st agent.

But I do agree that seller would have a case to sack the 1st agent if an offer has not been passed on. I suggest the letter through the door and continue to deal with the first agent until the seller indicates otherwise.

anisave

Thank you for all your responses.

It is NOT Kinleigh Folkard & Hayward.

I have decided NOT to go with agent2 for viewing. I will write a polite letter to the seller with the contact details. Thank you all for your contribution and help.

leeelw

Hi there

in any case it would be the owner who is liable, the owner pays the fee to the introducing agent.

here is what should of happened and I will give you some alternatives to see if this helps you

agent 1 should notify ALL offers within 48 hours, even if you offered a twix and a mars bar, by law this has to be notified.

agent 2 - unless they show you the property they are not a introducer

also, unless you tell them that you have seen the house, they will not know.

I would either continue to do what you are doing with a letter........ Or yourself or a friend phone agent 2 to get the information, is the vendor motivated ? ...what is the vendors next step.....i would even let them know "agent 1" advised you this had an offer from a cash buyer which is close to the asking price.

information is key

I would suspect your offer was not put forward or it was put forward and your position was not sold to the seller.

is the seller now sole agent with "agent 2" or is he on a "multiple" listing with both agents ?

for agent 1 to claim a fee they have to prove that they introduce you

I would set up a viewing outside the working hours of the agents and speak to the seller.

the cash buyer maybe made up ? which is also a breach of agency laws.

OR agent 1 does have a cash buyer and agent 2 are trying a last throw of the dice to try and hijack the deal

in any case you need re-assurence your offer was put forward, and the vendor does know about you

anisave

I believe agent1 put forward the second offer (not sure about the first offer) as I gave it in writing. Information is key... extracting the right information.... still long way off... It is still with multiple agents.... As I mentioned in the last post, I sent a letter to seller and decided to leave it with the seller for few days.