Illegal not to put an offer forward?

Pip40

Husband and I viewed a property two weeks ago and put our own property on the market, with the same agent, in order to hopefully sell it and buy the property. We told the EA how much we loved the property.

We then went on holiday a day after marketing ours, and offered on the property we loved as soon as we came home.

In the meantime we had various viewings at our house, all handled by the EA.

We made our asking price offer on Monday last and didn't hear anything back - on Tuesday, I chased, Wednesday again we chased. Didn't hear a word - EA told us they couldn't get hold of the vendor, despite said vendor being an older couple who rarely leave home.

Yesterday I heard on the local grapevine (we live in a small village) that the bungalow has had an offer accepted on it and is now sold. This morning, I call. More fobbing off - "we can't contact the vendor".

Send my husband down there. Vendors confirm they have been at home all last week, no feedback from our initial view was received, and no offer was received; no phone calls regarding us AT ALL.

They have sold, to first time buyers, and today received paperwork.

All day I have played ping pong with the EA's with nobody helping me at all, nothing other than constant excuses. We have now lost the house we wanted.

I keep reading on the net that it is illegal for an offer not to be put forward - any clarification on this?

Where do we stand with cancelling our contract - the EA has cost us that potential sale through their bare-faced lies and we now have nowhere we'd like to move to (very small village, very limited property market). What are our rights to get away from these sharks?

Any help appreciated, thanks.

anselld

It does not sound as if your offer was proceedable because you have not had an offer on your property. Offers should be passed on, however it is permissible that agents are instructed by the vendor only to pass on proceedable offers. Impossible to know what instructions the vendors have given unless they tell you.

Does not really excuse them fobbing you off with lies about not being able to get hold of vendors though.

Cancellation terms you will need to refer to your own contract with the EA.

Pip40

I get what you mean, and indeed we held off making the offer until our return from holiday as we initially thought there was no point offering until we could tell whether or not our property would attract viewers - we had five in that week so bit the bullet and offered anyway, despite the relative unattractiveness of us as buyers.

Still, the EA didn't mention that we weren't in the best of positions, or advise that the vendors didn't want offers from those who hadn't sold...they merely said they would put the offer forward and get back to us.

When my husband visited the vendors today they said they were perplexed as to why they hadn't had any feedback from our viewing, as they felt it went very well and that we were keen. Little did they know. They would've accepted our offer, pulled theirs back, and waited for us as they are elderly and not in a hurry to move - indeed they still haven't found anywhere to go to.

I've read the T&C's of our contract and it is very, very loosely worded as to cancellations, other than those carried out within the 7 day cooling off period.

I'm rather cross at the moment.

ValHaller

Pip40 wrote: »

I've read the T&C's of our contract and it is very, very loosely worded as to cancellations, other than those carried out within the 7 day cooling off period.

I'm rather cross at the moment.

I would be cross too. In your position, I would be taking the line that I had clear evidence that the Agent was not fulfilling his duty to pass on offers and that my trust had been fundamentally breached. So I think they would be cancelled immediately outwith the contract.

Thrugelmir

Pip40 wrote: »

I get what you mean, and indeed we held off making the offer until our return from holiday as we initially thought there was no point offering until we could tell whether or not our property would attract viewers

Possibly no point in making an offer unless you are proceedable. That's the basis on which I've always sold ny property through EA's. Too many time wasters otherwise.

anselld

ValHaller wrote: »

I would be cross too. In your position, I would be taking the line that I had clear evidence that the Agent was not fulfilling his duty to pass on offers and that my trust had been fundamentally breached. So I think they would be cancelled immediately outwith the contract.

The OP has not indicated any failure of the agent in performing their duty under the contract. For the OP to cancel "outwith the contract" would risk the OP being penalised for breach of contract.

Guest101

As far as im aware its not 'illegal', and you dont have a contract with them as buyers, only as sellers. So no breach of contract either, from your end (the venders may sue, but different story)

Whats the term of the marketing? 12 weeks?

ValHaller

anselld wrote: »

The OP has not indicated any failure of the agent in performing their duty under the contract. For the OP to cancel "outwith the contract" would risk the OP being penalised for breach of contract.

OP is selling with same agent. I would argue that even outside the contract, this behaviour on the part of the agent gives OP good cause to regard trust as fundamentally breached.

Guest101

ValHaller wrote: »

OP is selling with same agent. I would argue that even outside the contract, this behaviour on the part of the agent gives OP good cause to regard trust as fundamentally breached.

I dont think thats enough to breach contract. I dont trust my LL, doesnt mean i can stop paying rent. I dont trustvodafone, but im still in a contract with them.

ash28

Thrugelmir wrote: »

Possibly no point in making an offer unless you are proceedable. That's the basis on which I've always sold ny property through EA's. Too many time wasters otherwise.

Me too. Offers from proceedable buyers only, house sold. The agent asked us if that's was what we wanted and it was.

The EA could well have received offers from buyers who weren't proceedable but under our instruction wouldn't have passed them on to us.

mandi

ValHaller wrote: »

OP is selling with same agent. I would argue that even outside the contract, this behaviour on the part of the agent gives OP good cause to regard trust as fundamentally breached.

No this is completely wrong valHaller .

EAs should by law submit all offers regardless of status ie FTB , property under offer . or not on the market , chain etc .

Using the same EA either to buy or sell does not give anyone priority .