HELP! Estate agent won't pass on our offer!

Wig

Badger_Lady wrote: »

And what if the previous offer was £30k over the asking price?

Then unless the OP is in Scotland there would be no logic in what skint_catt and yourself have said.

Twopints

I believe Wig is correct: "Under the Estate Agents (Undesirable Practices) (No 2) Order 1991 (paragraph 2 of Schedule 3), an estate agent must forward to his client promptly and in writing accurate details (other than those of a description which the client has indicated in writing he does not wish to receive) of any offer the estate agent has received from a prospective purchaser in respect of an interest in the land.


Estate Agents are legally obliged to pass on details of any offer unless the vendor has specifically requested otherwise in writing.

Wig

dmg24 wrote: »

If the vendor has said they do not wish to receive any further offers, then the estate agent does not have to pass them on.

Are you 100% sure about this? Because I just read the codes of practice for EA and it states quite clearly that ALL offers MUST be passed on. "removal from market" does not mean that subsequent offers should not be passed on.


6. Submission of Offers
6a By law, you must tell sellers as soon as is reasonably possible about all offers that you receive at any time until contracts have been exchanged (in Scotland, missives have been concluded) unless the offer is an amount or type which the seller has specifically instructed you, in writing, not to pass on. You must confirm each offer in writing to the seller, and to the buyer who made it, within two working days.

6b You must keep a written or computerised record of all offers you receive – including the date and time of such offers – and the seller’s response. Such records should be made promptly. Discrimination

6c By law you must not discriminate, or threaten to discriminate, against a prospective buyer of the seller’s property because that person declines to accept that you will (directly or indirectly) provide services to them. Discrimination includes – but is not limited to – the following:
l Failing to tell the seller of an offer to buy the property.
l Telling the seller of an offer less quickly than other offers you have received.
l Misrepresenting the nature of the offer or that of rival offers.
l Giving details of properties for sale first to those who have indicated they are prepared to let you provide services to them.
l Making it a condition that the person wanting to buy the property must use any other service provided by you or
anyone else.


Continuation of Marketing
6d When an offer has been accepted subject to contract (in Scotland, conclusion of missives) you must consult and take the seller’s instructions as to whether the property should be withdrawn from the market, or continue to be marketed. In the latter case, you must so advise the prospective buyer in writing. The prospective buyer must also be informed in writing should the seller later decide to put the property back on the market. You remain under the legal obligation to pass on offers, as defined in 6a above.

In England, Wales and Northern Ireland
6e You must do everything you reasonably can to keep all prospective buyers who have recently made offers through you, and which have not already been rejected, informed of the existence of other offers submitted to the seller.


6g After an offer has been accepted, you must promptly tell that prospective buyer if the seller accepts another offer.

Wig

MissMotivation wrote: »

The only thing I would do in this case is make a note of the name and telephone number and call them if the sale fell through

I hope you're going to correct yourself here and say - that you would also pass on the offer to the vendor.

MissMotivation

It's a grey area, If the vendor informs you at point of sale that they wish the property to be removed from market after an acceptable offer is made, and that don't wish for any further viewings to be arranged, best practice would be to speak to the vendor if someone was insistant on making an offer.

I have never said that I would refuse to be put an offer forward....clearly that is in breach of the code of practice, however, there are vendors that specifically say that they will not consider other offers after a sale is agreed. If this was the case then no....i wouldn't put the offer forward.

IMO....once a property is marked SSTC then it comes off the market!

Wig

MissMotivation wrote: »

It's a grey area,

It's not so grey, because the law (not only the code of conduct) requires that the vendor puts his/her wishes to you in writing regarding which offers they no longer want. And even in this I suspect, the intention of this law was for it to be used to rule out "offers under £XXX" or "offers from people who need to sell first" not intended to allow "any offers after I have accepted".

I have never said that I would refuse to be put an offer forward....clearly that is in breach of the code of practice, however, there are vendors that specifically say that they will not consider other offers after a sale is agreed. If this was the case then no....i wouldn't put the offer forward.

It has to be put to you in writing, not verbally, to make it legal for you not to forward any further offers.

IMO....once a property is marked SSTC then it comes off the market!

Yes, but that's not what we're talking about is it. We're talking about forwarding offers made after SSTC.

cannycat

It's 2007. The 21st century. When, oh when, oh when will so-called "service" industries like estate agents realise that for many people, who have to work full-time to continue paying extortionate rents and estate agent fees, the Internet is actually one of the FIRST places people look for goods?!

Do they even ever realise that one of the reasons high street sales are down is because many people now prefer the convenience of shopping from their living room?!

Or should I just get back in the Time Machine and try landing again in 20 years from now in the hope the UK will have caught up?!

Wig

cannycat wrote: »

It's 2007. The 21st century. When, oh when, oh when will so-called "service" industries like estate agents realise that for many people, who have to work full-time to continue paying extortionate rents and estate agent fees, the Internet is actually one of the FIRST places people look for goods?!

Do they even ever realise that one of the reasons high street sales are down is because many people now prefer the convenience of shopping from their living room?!

Or should I just get back in the Time Machine and try landing again in 20 years from now in the hope the UK will have caught up?!

It took me a while to work out where you were coming from but, yes, I agree, keeping a website uptodate is fundamental in todays world.

Last night I looked at 3 houses for sale in my street call them No.20 and No.30 & No.31

No 31 has a PeterMulcahy board outside But is not on PeterMulcahy website - the house has been for sale for 6 months or more with PM.

No.30 Is listed for sale on Darlow's website but has a "williams" board out the front.

No.20 Is listed on the Darlow's website but also has a William's board outside.

William's website lists neither No.20 or No.30

Darlow's website has properties on there which say "to be sold at auction July 27 2007"!

MissMotivation

I fully agree! The majority of enquiries in my office are internet generated. The reason that the internet is the last place properties are advertised on that officially the property details should be approved before they appear on the internet......I am aware that some EA's put them on before they are approved.

The quickest way to get viewings on a property just coming onto the market is contacting prospective purchasers who are registered with the EA.

There is no excuse for not advertising on the internet, it seems ridiculous that some agents don't make the most of it!

CFC

coal9011 wrote: »

Probably got a nice little "back-hander" lined up from some local property developer they know! :rolleyes:

How very very true. This is one reason that EAs are legally required to pass on ALL offers received.

But who polices it? Nobody.