Can I approach a seller directly?

Affywaffy

Hoping someone will be able to help.

i had an offer accepted on a property. Took all the appropriate steps to get a mortgage in place. Keenans asked if I would like to see what their mortgage broker has to offer. So I agreed to have a conversation despite having told them I have already spoken to someone. As I was shopping around for the best deal, I agreed to speak to Gordon Anthony James Mortgages.

Last Weds the broker was looking to book me in to put my mortgage application through. I stated I am shopping around. I was then asked why I was shopping around and why I am not happy with their service. The guy was quite pushy so I told him to provisionally book me in.

I went ahead with my application with a different mortgage broker on Thursday. I then had a call from the estate agent on Monday stating I have breached terms of sale by using a different mortgage broker. They stated they will need to inform the vendor as this was a condition of the offer being accepted. No such thing was stipulated and they can’t dictate to anyone who they should or shouldn’t use. I was informed they will call back after speaking to the vendor.

The following day I had a call stating the vendor has pulled out as he has had an offer from the neighbour which is higher. They stated we can’t control what the vendor does and they still want to help me find a suitable property. All a load of rubbish.

The property came on the market in March and had had no offers so they came back to me weeks later.

I asked a friend to call the agents yesterday. She was advised the property is still available and they are taking viewings. No offers have been made.

Is it ok for me to turn up at the property to discuss this with the vendor? I have an inclination that the agents have told him I pulled out as I didn’t use their mortgage broker.

Any help or advise will be much appreciated.

theartfullodger

I can approach the governor of the bank of England:  he may or not be pleased, ditto respond.

You can.  Might result in what you don't want e.g. refusing ever to do business with you 

penners324

Yes, go direct.

Sounds like the estate agent is very poor.

penners324

The vendor may not even know.

The vendor may have cause to lodge a complaint against the estate agent

propertyrental

I wouldn't just turn up on their doorstep, but I would let them know the situation so that they are aware of what their EA is doing.

Of course, they may already be aware and may indeed have instructed the EA either to re-market or continue marketing, and not to accept any offer from you. Unlikely but possible.

The vendor may ignore you, may discuss/negotiate a sale with you, or may refer you back to their EA whilst instructing their EA to proceed with you.

Either way you have nothing to lose.

Devongardener

What do the terms of sale actually say and what did you sign?  I don’t see how that can be legal.

BarelySentientAI

Devongardener said:

What do the terms of sale actually say and what did you sign?  I don’t see how that can be legal.

It's legal for the vendor to pull out at any time for any (or no) reason.  Equally, the vendor is allowed to put whatever stipulations or instructions to their own EA that they wish.  

There is nothing but speculation on the part of the OP (yet) that suggests it is because the EA told the vendor incorrectly that they had pulled out.  The EA must put all offers to the vendor, but that's about it.

If it is as dodgy as the OP is making it sound, then there might be some violations of a Code of Practice, but nothing illegal in what's been put forward so far.

Millsandovis

Normally I would say no but in this specific scenario, yes 

dannim12345

I wouldn’t just turn up but maybe post a polite letter to explain the situation and give an email or phone number for them to get in touch if they wish. 

Hoenir

Time for a visit to the Estate Agents and make some noise.

Affywaffy

Devongardener said:

What do the terms of sale actually say and what did you sign?  I don’t see how that can be legal.

In terms of this statement from the EA, I haven’t signed anything. A memorandum of sale was sent to me and contains no stipulations. This is just merely the EA trying to persuade me to use their mortgage broker before I proceeded to let them know I have already submitted an application.

in respect to the Vendor, I had my solicitor contact his. He has indeed decided to sell to his neighbour.