Is the agent being illegal???

AndrewSmith

thesaint wrote: »

Is this correct?

Yes it is correct. Not forwarding an offer because the purchaser has not seen a companies mortgage adviser is in breach of the EA act.

This exact issue was raised and researched in a Whistleblower report less than a year ago.

thesaint

You either have selective sight, or do not understand the question I asked.

I shall follow guidance shown in your signature.

lynzpower

Heres the link from the OFT- useful for all of us
http://www.oft.gov.uk/advice_and_resources/resource_base/legal/estate-agents-act/handling-negotiations#named1

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.

You seem to be having a go at Andrew over this point- am I right.

YES if your vendor says dont bother to give me offers under 100k ,then it looks as if the law says thats OK. However, that is NOT what the OP is asking. What the OP is asking is are they allowed to restrict offers to only those whom have seen their mortgage advisor. the answer to that question is NO.

FWIW, I would have thought any half decent agent would stick a quick letter in the post to let the vendor know of "too low" offers, I certainly have. At the end of the day Eas for the vendor and a) its nice to let the vendor know you have actually been showing the place b) its good for the vendor to have a record of what offers are on the table c) they might change thier mind if they see it in writing d) basic backcovering- a letter takes a miunute to generate so why not just DO IT?

AndrewSmith

thesaint wrote: »

The 'issue' is, is it illegal? The answer is no. Naughty Yes.

This link to the Direct.gov website will answer the point, I suggest particular reference to the section relating to 'Making An Offer' which does in fact state that EA are LEGALLY bound to forward all offers on to the vendor.

http://www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/BuyingYourHome/DG_4001323

thesaint

lynzpower wrote: »

Heres the link from the OFT- useful for all of us
http://www.oft.gov.uk/advice_and_resources/resource_base/legal/estate-agents-act/handling-negotiations#named1



You seem to be having a go at Andrew over this point- am I right.
No you are wrong, I questioned the information given by him/her.
YES if your vendor says dont bother to give me offers under 100k ,then it looks as if the law says thats OK. However, that is NOT what the OP is asking. What the OP is asking is are they allowed to restrict offers to only those whom have seen their mortgage advisor. the answer to that question is NO.
The OP asked was it illegal, if the vendor stipulated that only people who seen the agents own advisers I believe this would also be fine. I stated that I do not think this would be the case.
FWIW, I would have thought any half decent agent would stick a quick letter in the post to let the vendor know of "too low" offers, I certainly have. At the end of the day Eas for the vendor and a) its nice to let the vendor know you have actually been showing the place b) its good for the vendor to have a record of what offers are on the table c) they might change thier mind if they see it in writing d) basic backcovering- a letter takes a miunute to generate so why not just DO IT? I do not deal with estate agents, so I do not have an answer for that.[/quote]

You now say it's not illegal (according to the OFT), AndrewSmith is still stating it is(According to the government).

lynzpower

Im compeltely confused now! WHat are you on about?

thesaint

No need to be rude.

I will try and make it clearer.

The link you provided states that it is as I said originally i.e The vendor can 'Opt out' of receiving every offer.

The Link that AndrewSmith provided states that 'All offers' must be forwarded.

I should point out that the Government link provides makes reference to the 'Estate Agents Act' and a link. In the link it states

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.

shelly

thesaint wrote:

The OP asked was it illegal, if the vendor stipulated that only people who seen the agents own advisers I believe this would also be fine. I stated that I do not think this would be the case.
agents, so I do not have an answer for that.[/quote]


Actually the OP asked if it was illegal for an agent not to pass on an offer made without seeing their in house mort advisor. Nowhere in the OP was vendor mentioned. The vendor hasn't stipulated anything, its the agent.

Rick62

Like a client is really going to instruct the EA (in writing) 'don't forward any offer from any purchaser that has not seen your in house MA? Client would have to be certifiable. The OFT sight is quite clear, as Andrew said:

Under the Estate Agents Act 1979.....:

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.

thesaint

shelly wrote: »

Actually the OP asked if it was illegal for an agent not to pass on an offer made without seeing their in house mort advisor. Nowhere in the OP was vendor mentioned. The vendor hasn't stipulated anything, its the agent.

Can I say this one more time.:mad:

The OP asked if it was illegal... No it isn't. I stated in my first post(please check) that I don't think the vendor would stipulate that any offers would be dependant on seeing the in house adviser.

The vendor has not been mentioned because the OP has no idea if this is their instruction or not, however unlikely(That's why I asked for them to see the vendor directly in my 1st post(please check)).

People quoting the Estate agents act backs up my point about incorrect statements about 'All offers'(read post #5 amongst others).

Now breathe:cool: