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Seller is still marketing house depite accepting my offer. Can I still view other properties

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  • jonnydeppiwish!
    jonnydeppiwish! Posts: 1,423 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Name Dropper
    Previous purchase, the second EA kept marketing but did not allow any viewings. If the sale fell through, they would then allow viewings.
    2006 LBM £28,000+ in debt.
    2021 mortgage and debt free, working part time and living the dream
  • RHemmings
    RHemmings Posts: 4,894 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 2 March 2024 at 9:43AM
    Previous purchase, the second EA kept marketing but did not allow any viewings. If the sale fell through, they would then allow viewings.
    This happened in my purchase. The EA wanted to continue marketing but not allow any viewings. I refused to accept this and they backed down. 

    EDIT: My case may be less relevant than I thought. I have seen what looks like reasonable comment that says that if a purchase involves a mortgage, that the property will continue to be marketed until there is a mortgage offer, not just an AIP. I guess this has to follow at least the mortgage provider's survey. In my case I was a cash buyer - no mortgage. 
  • Our current property and new property were taken off the market once mortgages and proof of funds were in place. The second agent needs to agree to this as it's the only fair thing to do because why should solicitors start doing work that costs you money for a house they are trying to sell to other people.

    Plus it's not straightforward for agents to do such a thing because legally who gets the commission, the agent that's already found a buyer or the one that's still marketing and finds another buyer.

    The seller needs to realise they may be liable to pay two commissions if they don't immediately stop that other agent marketing the house.
  • BikingBud
    BikingBud Posts: 2,542 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    TheJP said:
    RHemmings said:
    TheJP said:
    RHemmings said:
    I would simply inform the seller and the first agent that you are waiting for the property to be taken off the market. If you want it to be off the market, then you can simply say that you are waiting for it to be at least SSTC before spending money. 

    You might then spend money on a survey, but there's no guarantee that will help them take it off the market. 
    The first agent has no influence on the other agent. The buyer clearly is keeping their options open hence 2 agents. The OP can crack on with the process but likewise keep their options open.
    No, but the first agent is in direct communication with the seller, and the seller has or at least should have influence on the second agent. 
    Back to my point that the seller is keeping their options open. 
    Having their cake and eating it?
  • TheJP
    TheJP Posts: 1,965 Forumite
    1,000 Posts Third Anniversary Name Dropper
    BikingBud said:
    TheJP said:
    RHemmings said:
    TheJP said:
    RHemmings said:
    I would simply inform the seller and the first agent that you are waiting for the property to be taken off the market. If you want it to be off the market, then you can simply say that you are waiting for it to be at least SSTC before spending money. 

    You might then spend money on a survey, but there's no guarantee that will help them take it off the market. 
    The first agent has no influence on the other agent. The buyer clearly is keeping their options open hence 2 agents. The OP can crack on with the process but likewise keep their options open.
    No, but the first agent is in direct communication with the seller, and the seller has or at least should have influence on the second agent. 
    Back to my point that the seller is keeping their options open. 
    Having their cake and eating it?
    Ding Ding Ding Ding we have a winner! The seller wants maximum profit, listed with 2 EA and neither have influence until the seller says yes! Until they exchange this is a case of the seller will hang you out until exchange.
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