Can an estate agent sell a house that's not registered?

Dan-Dan

G_M in rubs people up the wrong way shocker!

TeddyandMarie

Thanks Dan-Dan. You may not think it, but you made me feel loads better.

M

googler

TeddyandMarie wrote: »

Thanks GM for a completely unhelpful, sarcastic response. I'm guessing you an estate agent yourself?

People usually say that about me, not GM, but hey - you're new. You'll soon get the lay of the land.


Before you write a reply defending your stance, yes, they said that if I made an offer at the price they quoted they would accept. We have given them a written quote, of the full asking price, and now they are not even keeping us informed.

I'm sorry, I don't get how the house can have an 'asking price' if it's not being marketed?

There have been people walking in and out of the house all day. From what the beneficiaries have said, they are not registered with this estate agent, they just asked for a valuation. We had the same situation in selling our house with the same agent, where they tried to sell it without us being registered with them or instructing them to sell - we had only asked for a valuation.

With that amount of footfall, It's obviously an 'in demand' house, and I'm not surprised that the sellers want to maximise their viewers, and hopefully the amount they get for the house.

I'm afraid I concur with GM - if these sellers want the EA to bring folks in without having a written contract with the EA, that's up to them. It just means that the EA is working with no written promise that the seller will pay them at the end of the day, so it's the EA that's taking a gamble, not the sellers.

Go on, tell me I'm an Estate Agent too.

TeddyandMarie

googler wrote: »

With that amount of footfall, It's obviously an 'in demand' house, and I'm not surprised that the sellers want to maximise their viewers, and hopefully the amount they get for the house.

I'm afraid I concur with GM - if these sellers want the EA to bring folks in without having a written contract with the EA, that's up to them. It just means that the EA is working with no written promise that the seller will pay them at the end of the day, so it's the EA that's taking a gamble, not the sellers.

Go on, tell me I'm an Estate Agent too.

Only if you want me to. ;-)

Thanks for your response - yes, if they estate agent wants to show people round without a contract then it's his risk, I just didn't know if the EA's code of conduct would allow it, or if there were some legal reason why it wouldn't be a good idea.

I guess I'm just going to have to see if anyone comes in with an offer and wait for them to come back to me... or badger the sellers a bit more to tell me what's going on!

M

googler

TeddyandMarie wrote: »

Thanks for your response - yes, if they estate agent wants to show people round without a contract then it's his risk, I just didn't know if the EA's code of conduct would allow it, or if there were some legal reason why it wouldn't be a good idea.

Legally, if someone makes an offer to the sellers, and the EA doesn't have a written agreement outlining their fees, the EA hasn't a leg to stand on, and the seller could probably get away without paying them. So the EA codes of conduct don't 'forbid' the EA from working this way, but recommends the EA to have a written contract in all cases to cover their backs.

I guess I'm just going to have to see if anyone comes in with an offer and wait for them to come back to me... or badger the sellers a bit more to tell me what's going on!

M

Or make your offer to the EA without waiting?

scottishblondie

TeddyandMarie wrote: »

... the EA's code of conduct would allow it...

I have nothing helpful to contribute, but this just made me laugh! (Not at you, just the idea of an estate agent adhering to a code of conduct)

TeddyandMarie

scottishblondie wrote: »

I have nothing helpful to contribute, but this just made me laugh! (Not at you, just the idea of an estate agent adhering to a code of conduct)

Yes, I've just tried to Google a code of conduct for estate agents, and not surprisingly, couldn't find much!

M

Excited13

TeddyandMarie wrote: »

Lastly...

The couple say that they have to sell the house by October. For what reason, if they have inherited, would they have a deadline to sell by October?

M&T

The deadline could be to do with CGT. The estate will have paid inheritance tax (of course threshold permitting) and if the house is sold 2 years after the death the beneficiary will also have to pay capital gains tax. They family may be worried about paying tax twice hence the October deadline.

TeddyandMarie

Excited13 wrote: »

The deadline could be to do with CGT. The estate will have paid inheritance tax (of course threshold permitting) and if the house is sold 2 years after the death the beneficiary will also have to pay capital gains tax. They family may be worried about paying tax twice hence the October deadline.

Thanks Excited13, that sounds about right as this does go above the inheritence tax threshold.

M

ILW

So you have made an offer which they are considering. What is the problem?

If somebody offers more they will get the property.

Am I missing something?