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Illegal not to put an offer forward?

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  • By no means the first time I have quoted this on here ....


    Extract from The Property Ombudsman Code of Practicefor Residential Sales (as of 22.02.10)



    · as recognized by the National Association of Estate Agents (NAEA)



    · as approved by the Office of Fair Trading under its Consumer Codes and Approval Scheme



    6.Submission of Offers



    6a By law, you must tell sellers as soon as itis reasonablypossible about alloffers that you receive at any time untilcontracts have been exchanged (in Scotland, missives have been concluded)unless the offer is an amount or type which the seller has specificallyinstructed you, in writing, not to pass on. You must confirm each offer inwriting to the seller, and to the buyer who made it, within two working days.



    6b You must keepwritten or computerised record of all offers your receive – including the dateand time of such offers – and the seller’s response. Such records should bemade promptly.



    Discrimination



    6c By law you must not discriminate, orthreaten to discriminate, against a prospective buyer of the seller’s propertybecause that person declines to accept that you will (directly or indirectly)provide services to them. Discrimination includes – but is not limited to – thefollowing:



    · Failing to tell the seller ofan offer to buy the property.



    · Telling the seller of an offerless quickly than other offers you have received.



    · Misrepresenting the nature ofthe offer or that of rival offers.



    · Giving details of propertiesfor sale first to those who have indicated they are prepared to let you provideservices to them.



    · Making it a condition that the person wanting to buythe property must use any other service providedbyyou or anyone else.


    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • anselld
    anselld Posts: 8,634 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    ... but you forgot to highlight this bit, which was what several posters suggested was the reason ....
    unless the offer is an amount or type which the seller has specificallyinstructed you, in writing, not to pass on.

    ... but only the vendors and the EA can know for sure.
  • Dan-Dan
    Dan-Dan Posts: 5,278 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    and why would the vendors snub a FTB with cash (presumably) on the hip ? in favour of a non proceedable (howevere pleasent) couple?
    Never, under any circumstances, take a sleeping pill and a laxative on the same night.
  • Pip40
    Pip40 Posts: 17 Forumite
    Thanks for your replies everyone. I've yet again entered the ping pong game with the agents today.

    My ultimate issue is that they did not put the offer forward, and then lied that they couldn't get hold of them. According to the vendors, they didn't hear a single word from the EA's relating to us at all, no feedback, no "they've put their house on the market", nothing. More and more lies.

    I don't have an issue with the vendors accepting the first time buyers offer, at all - anyone would do the same, even if they had known that our interest and our offer was on the table. Anybody would do the same.

    The fact of the matter is that I have been lied to, repeatedly; the EA who valued this property and signed us up to sell knew, 100%, that the only reason we were marketing our property was in the hope of securing the bungalow. And yet none of this was passed on, and certainly not the offer.

    I know that the world of estate agency is full of sharks, but this sort of thing is just plain wrong - because we've lost the bungalow, due to their total ineptitude, there is no point in us continuing to be on the market, and that's why I asked how easy it would be to get out of the contract given that this situation is entirely of their making.
  • Dan-Dan
    Dan-Dan Posts: 5,278 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Pip40 wrote: »
    we've lost the bungalow, due to their total ineptitude,

    This is where you need to reign it in , you cant lose , what you werent in a position to buy

    Everything else , agreed
    Never, under any circumstances, take a sleeping pill and a laxative on the same night.
  • Pip40
    Pip40 Posts: 17 Forumite
    Dan-Dan wrote: »
    This is where you need to reign it in , you cant lose , what you werent in a position to buy

    Everything else , agreed

    Yep, know that, but it was the fact that the people didn't even know we were interested. If the first time buyers had come and made an offer, and they'd naturally accepted, that's fine, that's the risk you take when you're buying, great, but for EA's to not even express our interest to the vendors when they know they've signed us up to sell purely for that one house, that stinks.

    They didn't tell us at any point that they were now processing an offer on the house, they just let us sit there merrily trying to sell our house. Not only is it the same company, the same office, but it is the exact same agent who is in charge of both properties, the exact same guy. He knew he had an alternative sale in progress on that bungalow the minute he took my phone call with an offer. And that's what is wrong. I don't expect to have a shot over a first time buyer, but I do expect my comments and my offer to be submitted to the vendor.
  • Dan-Dan
    Dan-Dan Posts: 5,278 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Pip40 wrote: »
    Yep, know that, but it was the fact that the people didn't even know we were interested. If the first time buyers had come and made an offer, and they'd naturally accepted, that's fine, that's the risk you take when you're buying, great, but for EA's to not even express our interest to the vendors when they know they've signed us up to sell purely for that one house, that stinks.

    They didn't tell us at any point that they were now processing an offer on the house, they just let us sit there merrily trying to sell our house. Not only is it the same company, the same office, but it is the exact same agent who is in charge of both properties, the exact same guy. He knew he had an alternative sale in progress on that bungalow the minute he took my phone call with an offer. And that's what is wrong. I don't expect to have a shot over a first time buyer, but I do expect my comments and my offer to be submitted to the vendor.


    That`s estate agents for you :o
    Never, under any circumstances, take a sleeping pill and a laxative on the same night.
  • ReadingTim
    ReadingTim Posts: 4,081 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    So what if the EAs had passed on your offer? How and why do you think it would have been accepted given you had no current buyer for your current property + possible chain when that buyer is found vs an immediately proceedable FTB? I think you loved the property a little too much, and are looking for scapegoats because you can't get it.

    I also have a memory that for offers to be passed on under the legislation you're thinking of, they need to be in writing, which you don't state yours was - a phone call may not suffice. You also don't know what the vendors' instruction to the EAs was in respect of informing them of offers - they might have told them not to even inform them of non-proceedable offers.

    Finally, while the EAs might not have treated you very professionally as a potential buyer, this is completely unrelated to your contract with them to sell your property, which they appear to be carrying out with little cause for concern. And until there is cause for concern, ie an identifiable breach of contract, rather than a general breakdown of trust arising from an unrelated matter; you have no few, if any means of ending the contract you do have with them - all I can suggest is that you sit out the time and end at the first possible opporrtunity. If asked why, you can cite your experiences as a buyer and that you're concerned they'd try the same stunts with potential buyers of your place, but that's probably about the limit of your redress.
  • hazyjo
    hazyjo Posts: 15,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Basically, the EA wants their fee. They could wait indefinitely for you to sell, with no guarantee you'll still go for that house if/when you do sell.

    On the other hand, they have a proceedable buyer whose offer has been accepted.

    I can see why they didn't bother passing yours on - but agree it's totally unethical and they've been very sneaky.

    As above though, you are not proceedable (presuming you need to sell in order to buy) so it's utterly pointless offering in the first place. Firstly, it makes a property more appealing to others (human nature!) to know people are interested or there's an offer pending by someone who can't proceed yet; it also means the vendor is less likely to drop the asking price a few weeks/months down the line if nobody else has come along; and it also gives you far less flexibility on what you can accept for yours. They may well take a lower offer from you if you get a low offer on yours.

    Jx
    2024 wins: *must start comping again!*
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    mandi wrote: »
    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 .
    You have completely missed the point. I am not for one moment saying that OP's offer should be put forward because he is with the same agent. It should be put forward because this is the law relating to offers.

    My point is that by demonstrably not putting forward OP's offer for another property. OP has good reason not to trust this same agent they have employed to sell their own house.
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
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