Estate agents taking over

unsure6303

Our estate agent seems to be taking over.  We made an offer on a property 12 months ago and the legal problems have only just been resolved. We have a buyer who has harassed us throughout the process to move out and rent. Now that the legal process is sorted with our onward purchase, our buyer wants a survey. He seems to be delaying the survey. He has demanded in writing a date for completion but won't book a survey. I made it clear to the buyer that he was free to withdraw several times throughout the sale.

Estate agents seem to talk to each other without your knowledge. Both estate agents seem to have agreed that we are completing on 14th August.They said it is not written in stone and can be changed but they have to do it to passify the buyer. I reluctantly agreed. I previously spoke to my solicitor and stated that I am not going to agree to a completion date until our buyer has a survey and is happy to proceed. I have not rescinded that instruction. I will lose the  tax free status of my money if he pulls out at a very late stage.

I texted the buyer and told him if he does not book a survey I am going to relist my property as he is just wasting time Our contract with the EA expired months ago.

The estate agent seems to have taken over and has instructed my solicitor to proceed with the completion date. They also stated that the buyer is offended and I have to apologise to him. This whole situation is going round in circles. Any advice would be much appreciated as we feel like just giving up.

p00hsticks

Why is it of concern to you whether the buyer has a survey or not ?
Are they a cash buyer or reliant on a mortgage to purchase the property ?

Tabieth

I don’t understand. What’s it got to do with the EA? Just ignore them, they have nothing to do with agreeing exchange and completion. 

I’d focus on organising a date for exchange (and then completion) with your solicitor and pay the EA on mind. If I were you I wouldn’t focus on the buyers survey - that’s for them to organise. If they want to exchange without then that’s not your problem. 

Good luck. 

eddddy

unsure6303 said:

Estate agents seem to talk to each other without your knowledge. Both estate agents seem to have agreed that we are completing on 14th August.They said it is not written in stone and can be changed but they have to do it to passify the buyer. I reluctantly agreed. 

It sounds like you might be over thinking this.

It sounds like the estate agents just want to 'pencil in' a target date for completion.

Psychologically, it makes people happier if they have a target date in mind.

If everyone is ready and willing to complete on that date, that's great. If everyone isn't ready and willing to complete on that date, you'll have to agree another date.


In your position, I would reply with something like "Yes, I'm happy to aim for 14th August". 

If, later on, the 14th August looks inconvenient (or impossible) for you you can say something like "It doesn't look like the 14th August works for me, I need to change the target date to 20th August?" 

And see if 20th August works as a target date for others. 

Tiglet2

Estate Agents don't decide exchange and completion dates, so it's got nothing to do with them.  

It will be a decision made by both solicitors' plus you and your buyer when the legal work and other outstanding matters are finalised.  

The survey has got nothing to do with you, other than making sure you are available to let the surveyor in on the appointed day.  If the buyer decides not to get a survey, why should you care?  It's their risk entirely.

Herzlos

It sounds like the EA's are just trying to get things moving, especially since it sounds like there's been very little progress over quite a few months. 

penners324

Sounds like everyone is fed up of the way you're behaving in this transaction.

The EA is trying to force things forward yet you are now delaying things over unnecessary issues.

ExEstateAgent

The EA can't decide on a completion date, only the solicitors can do that once everything else is complete and you're ready to exchange contracts. 

If your buyer hasn't had a survey then they're not ready to exchange so the ball is really in their court and you're right to put pressure on although you really should make all communications via the EA and solicitors - it gets messy when you start talking/texting directly. 

saajan_12

unsure6303 said:

Estate agents seem to talk to each other without your knowledge. Both estate agents seem to have agreed that we are completing on 14th August.They said it is not written in stone and can be changed but they have to do it to passify the buyer. I reluctantly agreed. I previously spoke to my solicitor and stated that I am not going to agree to a completion date until our buyer has a survey and is happy to proceed. 
..
The estate agent seems to have taken over and has instructed my solicitor to proceed with the completion date. They also stated that the buyer is offended and I have to apologise to him. 

The solicitor is not going ot take instruction from an agent so ultimately you can always override it. However a negotiation is not about absolute decisions, its about managing people and keeping the chain together. If that is aided by having a target date so people can see the light at the end of the tunnel, then what's the problem? If the parties are not ready by the target date then you simply don't exchange.