Dodgy estate agents

MilliesAunty

Hello!

I put an offer in on a house last week but was told it probably wouldn't be accepted because they'd had a slightly lower offer from someone who had already completed on their house. We aren't even on the market yet, there's some frantic redecorating to be done first.

This seemed odd but I don't know the other bidders situation so maybe is possible.

On Saturday the seller knocked on our door. She had reservations about her estate agent and wanted to check our position.

The estate agent had tried to pressure her into accepting the lower offer on Friday. She wasn't comfortable and said she would consider over the weekend. She had also been told that we had the means to buy her house without selling ours, which is not correct.

Yesterday she text me to say that they had to make a decision on the other offer immediately because of his rental position.

She confirmed that we still were working on getting our house on the market and our offer is still there.

Today the estate agent called me. They don't know that I have direct contact with the seller. The confirmed that our position hasn't changed but that we're expecting to be on the market early next week.

I asked if there were any further offers and she told me that ours was still highest and things looked positive.

Almost immediately the seller contacted me with a screenshot of an email that said I'd insisted they accept my offer before I put my house on the market. Completely untrue!

Is this normal? It certainly doesn't seem ethical.

Would this be a breach of contract by the estate agent and can the seller get out of the contract? She's keen to swap agents after this.

Is it worth a complaint to the property ombudsman?

Advice would be appreciated.

MayDogsandCoffee

Why are you getting involved in a legally binding agreement between the seller and her chosen estate agent? Why is she contacting you directly rather then via the agent? If you are not able to buy the property without selling yours first why are you putting an offer in? IMO just reading the post, none of you are being fully open and transparent.

theartfullodger

There is a range of decency among agents from out-and-out cheats & crooks to decent honest ones. Like most business types (eg used car salesmen, MPs, betting shop owners. . Sorry, reality.

Just keep trying, best wishes & good luck.

Smalltownhypocrite

At the end of the day the fact is you are non proceedable. That means you cannot currently buy the house and being on the market doesn't mean you will sell either so may never be able to no matter how much you offer. It would be utterly stupid to give up an actual offer from a solid proceedable buyer for that.

Both you and the seller sound naive to how this business works and the EA is trying to do the best by their client who frankly sounds a bit stupid in matters of selling houses.

Its also really weird you are talking to each other, how on earth did she even know where you live or have your email address etc…? She wants to be careful she doesn't fall fowl of her legal contract (you cannot make private sales at this point etc…) or either of you say something stupid that will effect the legalities of any. Its a business transaction not an emotional gathering of friends.

Herzlos

It's quite common to take a proceedable offer for a slightly lower amount, because the higher offer could take months to happen and it's already a slow process. I was in a similar position and lost out to lower bidders who could move quicker.

On the estate agents thing, it's either dodgy or incompetent, and the seller should make a complaint to them regardless with evidence from you. Ultimately it'll likely only impact whether she pays the estate agent or not, because pretty much everything else happens with solicitors. She's in a pretty awkward position when it comes to accepting offers because she can't rely on anything the estate agent says and would need to verify that the other buyer is actually proceedable before deciding.

All you can do in that regard is find another estate agent for the sale of your house.

daveyjp

Most agents won't put forward an offer from a party that isn't in a position to proceed.

Sellers contacting buyers outside of the agent process is a sure fire way for things to get messy very quickly.

MilliesAunty

https://forums.moneysavingexpert.com/discussion/comment/81856417#Comment_81856417

Why am I involved? Because she asked me and I corrected the incorrect information.

Why is she contacting me? Because she's suspicious I expect.

Why am I putting an offer in? Because it's the house I'd like to buy in the location I want to live. I've seen my mortgage advisor and I know we can afford it. Most people buying a house will need to sell theirs first. This doesn't seem unusual. I have explained this situation to the estate agent and the seller.

I'm just trying to figure out what might happen next. I'm not looking for any other house and I wouldn't be selling my house if this one isn't available.

Please don't accuse me of not being fully open and transparent. I have stated my situation clearly to all involved.

eddddy

It would be normal for an estate agent to advise a seller against accepting an offer from somebody whose current house isn't even on the market yet. (Many people would say that's good advice.)

Why does the seller want to change agents when the seller already has 2 offers? Does the seller think another agent will get better offers from new buyers than she already has?

i.e. Does the seller want to find another buyer who will offer more than you have offered? (It's not really in your interests to encourage the seller to do that!)

Maybe the seller doesn't realise that if she sells to you or the other person who's already made an offer, she has to pay the current agent - even if she now changes to a new agent.

GavCB

https://forums.moneysavingexpert.com/discussion/comment/81856487#Comment_81856487

Agents are required BY LAW to submit ALL offers to their Clients for consideration, whether sold or not (unless they have it in writing by their Clients).

MilliesAunty

https://forums.moneysavingexpert.com/discussion/comment/81856506#Comment_81856506

The agent has spent Friday and Monday telling the seller that they should accept the other offer because it's time critical. And then started pressuring them to accept our offer.

They've misrepresented my offer twice to try and persuade them to accept first the other and now my offer.

I wouldn't accept my offer either that's why I'm rushing to get my house up ASAP.

I can't understand why they're giving their own client a hard time when they should be putting the pressure on me to get to market.

eddddy

MilliesAunty The agent has spent Friday and Monday telling the seller that they should accept the other offer because it's time critical. And then started pressuring them to accept our offer. They've misrepresented my offer twice to try and persuade them to accept first the other and now my offer. I wouldn't accept my offer either that's why I'm rushing to get my house up ASAP. I can't understand why they're giving their own client a hard time when they should be putting the pressure on me to get to market.

Yep - it's strange that the agent is now pressurising the seller to accept your offer.

An agent would normally advise a seller to leave your offer on the table (i.e. not accept or reject it) until your house is under offer. And leave the seller's property on the market, to see if a proceedable buyer comes along, before your house goes under offer.

It seems like such a strange thing to do that I wonder if there has been a misunderstanding or a mix-up. (e.g. the estate agent is mixing you up with another buyer.)

But I'm not sure why you feel aggrieved about this - if anything it is benefitting you, rather than disadvantaging you.