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Estate agent refusing to take our offer to the vendor

depressed_but_determined
Posts: 128 Forumite


We had an offer accepted on a 2 bed semi that we absolutely loved. All was going well but the refreshed home report came back riddled with 3s. I asked for advice in here previously.
We asked the sellers to carry out a full damp survey as we had already carried out reports based on the original report.
They refused and were adamant the home report couldn't have changed so much even though it was black and white.
We decided to withdraw our offer on Friday. On Monday they came back to us saying they will carry out the survey. Meanwhile on Sunday we went to view another house as we now have less than 2 months before our temp letting agreement is up, we have our deposit and a mortgage in principle with no chain. . We loved it. It Was The same estate agent as our original house.
We called on Monday to make a verbal offer over the asking price and they refused to take it. They have said we need to be completely withdrawn from our other house first and we should wait till the report comes back. I'm raging!
Surely that's not there decision to make. I think the new property has had a lot if interest so they think they will sell that one no problem but the one we are buying had been on for a few months with coal mining issues which was putting people off.
Is this normal practice? This is only our second house purchase and it's been over 10 years.
It's only round the corner and I know I can't but wish I could tell the vendor that they've refused to take our offer as we told her we would be putting one in as we loved it.
Thanks
We asked the sellers to carry out a full damp survey as we had already carried out reports based on the original report.
They refused and were adamant the home report couldn't have changed so much even though it was black and white.
We decided to withdraw our offer on Friday. On Monday they came back to us saying they will carry out the survey. Meanwhile on Sunday we went to view another house as we now have less than 2 months before our temp letting agreement is up, we have our deposit and a mortgage in principle with no chain. . We loved it. It Was The same estate agent as our original house.
We called on Monday to make a verbal offer over the asking price and they refused to take it. They have said we need to be completely withdrawn from our other house first and we should wait till the report comes back. I'm raging!
Surely that's not there decision to make. I think the new property has had a lot if interest so they think they will sell that one no problem but the one we are buying had been on for a few months with coal mining issues which was putting people off.
Is this normal practice? This is only our second house purchase and it's been over 10 years.
It's only round the corner and I know I can't but wish I could tell the vendor that they've refused to take our offer as we told her we would be putting one in as we loved it.
Thanks
LBM: 09/12/2008
[strike]£36000[/strike] £0 on 4 cards and a personal loan. Debt Remedy. Signed with CCCS on 14/01/2009 started Feb 2009. Finished March 2016
Lessons learned and facing the struggle have made my life better than I ever thought it could be. Thank you Stepchange and DFW forum :beer:
[strike]£36000[/strike] £0 on 4 cards and a personal loan. Debt Remedy. Signed with CCCS on 14/01/2009 started Feb 2009. Finished March 2016
Lessons learned and facing the struggle have made my life better than I ever thought it could be. Thank you Stepchange and DFW forum :beer:
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Comments
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Is this Scotland?
Why not put your offer in writing to the EA, and send a copy to the owners? But include an explanation of what you're doing and why as the EA will anyway tell the owners about it.0 -
I also seem to remember that you are in Scotland OP. Why are you trying to put offers in via the estate agent? Why are you not using your solicitor?0
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Why can't you go and speak to the vendor about your offer?
There's no law against it as far as I'm aware.0 -
unless they have had instructions from their own client (i.e. the seller of the property you have just viewed) to not put forward offers incertian situation (e.g. under a certain amount) they are required to pass on any offers.
https://www.gov.uk/buy-sell-your-home/estate-agents
As you have viewed the property, you could consider dropping a note through the letter box statin that you wish to make an offer, tht you telephonedthe agents on [date & time] to offer £x and tht the agents have told you that they refuse to pass on the ofer so you are conbtacting he seller directly to let them know.
I personally would call the agents back first and point out to them that they are legally obliged to pass on the offer to their client. Do you know who you spoke to? If they were not the manager then ask for the manager.
Edited to Add: Ah, didn't realise you were in Scotland. The rules are different there so check with your solicitor where you stand. But as far as I know, still nothing to prevent you letting the sseller know you ar interested.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
We only instructed our solicitor to put in a formal offer when our verbal one was accepted. It Was The same when we sold I didn't think there was anything unusual in that.
I am for going to call the agents again and ask them to accept our offer and if they refuse I'll drop a note through the sellers door. I'm waiting in a call back from my solicitor too just to check if she has submitted the formal withdrawal of offer but I'm sure she sent that yesterday morning before we received the news the original sellers would conduct a full survey. Are we obliged to wait on the results?
ThanksLBM: 09/12/2008
[strike]£36000[/strike] £0 on 4 cards and a personal loan. Debt Remedy. Signed with CCCS on 14/01/2009 started Feb 2009. Finished March 2016
Lessons learned and facing the struggle have made my life better than I ever thought it could be. Thank you Stepchange and DFW forum :beer:0 -
You've been watching too much Location, Location, Location. If you want to make an offer get your solicitor to formally make an offer or at least put in a note of interest.0
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I don't actually watch any location location location. It's perfectly normal here to submit a verbal offer to the estate agent. But I will ask my solicitor to put in offer in as they won't accept it.LBM: 09/12/2008
[strike]£36000[/strike] £0 on 4 cards and a personal loan. Debt Remedy. Signed with CCCS on 14/01/2009 started Feb 2009. Finished March 2016
Lessons learned and facing the struggle have made my life better than I ever thought it could be. Thank you Stepchange and DFW forum :beer:0 -
Yes I know how buying and selling works in Scotland being Scottish, living in Scotland and having bought and sold property here myself. As a vendor I wouldn't entertain an offer being popped through my letterbox.0
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I'm not planning on making an offer but How would you feel at losing out on a better offer because your agent didn't pass it on? Would you not want to know your agent wasn't passing on offers because they have a vested interest.LBM: 09/12/2008
[strike]£36000[/strike] £0 on 4 cards and a personal loan. Debt Remedy. Signed with CCCS on 14/01/2009 started Feb 2009. Finished March 2016
Lessons learned and facing the struggle have made my life better than I ever thought it could be. Thank you Stepchange and DFW forum :beer:0 -
I don't put much stock in verbal offers given that they aren't worth the paper they are written on. I wouldn't be happy about receiving an verbal offer from someone who wasn't in a position to make a formal offer. That way I might decline a formal offer from someone else whilst holding out hope that whoever made the verbal offer can actually follow through.0
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