2 houses - same agent !! HELP!!

xueta

Ian_W wrote:

...I go back to my point, if I do work for someone I expect to get paid, don't see why I should treat people who I employ differently. There again, you're from London so nothing should surprise me, but I bet you'd be first in the queue if somebody tried to cheat you!!

Ian W...Sigh! Has anyone told you that explaining anything to you is like trying to explain something to a very small child...

The ethical issue here is whether it's acceptable to approach a seller directly when you know that by rights you should really approach the EA and involve them in the handling of the negotiations. If the EA hasn't introduced a buyer to the house and they have stumbled across it by chance, if the EA hasn't performed a screening of the buyer, if the EA hasn't arranged the viewing, if the EA hasn't negotiated the specifics of the sale, if the EA hasn't been liaising with solicitors and overseeing exchange and completion dates - then the EA hasn't earned a few thousand quid for time not spent!!!! It was not clear from the original post whether this situation applied, but it would seem that this doesn't apply in this case.

Louise, if the EA has shown you the 2nd house whilst you've been in negotiations with the 1st, then the EA already knows that you might prefer the 2nd house and may want to put in an offer for that one instead. They're expecting it! Consider that 28% of house sales in the UK fall through prior to completion (1997 statistics) so you would not be alone in pulling out of a purchase. Sure it means a little more work for the agent and you may upset the 1st vendor, but these things happen. Go with your instinct, tell the EA that the 1st house has unexpected problems and that the second house is better suited to your needs. As already said on this board, you are less likely to get as good a deal on the 2nd property though (they know that you'd be keen to buy at whatever cost!). Good Luck!

jockettuk

no ones mentioned the fact that in the ops original post the seller of house 1 hasnt been back in contact with them since raising the issues.. so if they cant be bothered to contact you and sort it out then they cant be narked if you go looking elsewere and find something similar weather be in the same street or town..

Doozergirl

xueta wrote:

maybe you can agree a purchase privately (i.e. without involving the estate agent and without the 2nd vendor incurring agent's commission - the vendor just tells the agent that he has changed his mind and wants to take it off the market). You then tell the agent that you have to pull out of the 1st house purchase because of 'problems'.

It wouldn't take Sherlock Holmes to draw the correct conclusion when an offer has gone as far as mortgage valuation is withdrawn from house 1 and house 2 suddenly comes of the market.

Apart from being unethical, the resulting trouble is not caused for the OP, but for the vendor. I've innocently been put in the same situation by a tenant who viewed with one agent and offered with another and would not recommend that anybody put a vendor through the sheer stress. Threat of a law suit is not funny and not money saving.

LouLouHelen

Actually the offer went as far as valuation and the valuation through up some areas we have asked the vendow to clarify - we are still waiting to her from her!

Bottom line is, as harsh as it is, are you saying we should go through with a 2nd best house that is potentially going to cost us more due to issues flagged up in valuation than to try and go for a house more suited to our needs? Wouldn't that be a bit silly?

LouLouHelen

On what basis could you be threatened with a law suit anyway?

- under English law an offer is not a legal commitment to purchase - especially if there are areas of concern flagged up on the valuation.

Doozergirl

Are both of those replies aimed at me?

I think you've misunderstood - I've directly quoted xueta's suggestion that you make an UNDERHAND offer directly to the vendors of the second house. It is not a good idea.

What I suggested you do is at the top of the page. Please re-read both of my comments to you.

Dumbledore55

I think this thread is getting confusing.

If you live in England then you can legally withdraw your offer in house1 and go with house2. Forget about making any private deals with the vendor and go get the house you really want.

A home is too expensive and precious not to get the one that is ideal for you.

LouLouHelen

Doozer

Really sorry I mis-understood, e-mail does that to me, sorry!

I can't go straight to the sellor and wouldn't anyway. We are more than happy for agent to get paid for his work.

The difficulty lies here - I am aware of seeing the agents angle I need to make sure that he is ethical and does not 'persuade' the sellor that they can get more than we are offering so keeping us out of the picture for property 2 and back on track with property one.

Its the area we want to live in due to where we both work.

SOS again.

Doozergirl

Why don't you arrange a second viewing and make the offer directly to the vendor of house 2? (and tell the agent!). Then you don't have to worry about him playing you.
I really don't think he would though - it looks like he will definately get a sale and I'm sure you're only talking about £50 or so worth of commission to him, if that.

If your offer really isn't attractive to house2 then you can always go back to house1. House1 thinks her house is sold - she's going to try and make moves to win you over -you may be able to play her to your advantage if it really doesn't matter to you anymore. Is there a price at which house1 would become more attractive again? What are the issues, are they major?

Ian_W

xueta wrote: Ian W...Sigh! Has anyone told you that explaining anything to you is like trying to explain something to a very small child...

Nah, people are usually far more unpleasant. But the arguments became completely academic after LouLouHelen's post so it's very child like to continue just to get the last word in, now you'd expect that from someone who needs treating like a "very small child" - SO WHAT'S YOUR EXCUSE?

If the Op had come across prop 2 as you described in your rather lengthy 2nd explanation, *genuinely* completely without any EA involvement, then [as I understand it] under a sole agency agreement they don't need to pay the EA. That's why some people use private ads and sites like "houseweb" at the same time as being on with an agent, nothing at all unethical about it, no need to lie to the EA.

What you appeared to be suggesting in post 5 was a "nudge, nudge, wink, wink" type of arrangement with the vendor & buyer both telling porkies to the EA to avoid payment. The OP had never at any stage suggested that they knew the vendor or had found out about he sale from any other source than the EA.

If you have a problem cos you had to pay an EA £7k for a house sale the really grown up thing is to deal with it. At the risk of repitition, you signed up knowing their fees, they made the sale, if you had a valid complaint, contest them - otherwise pay up & move on.

LouLouHelen I'm very sorry if I have contributed to this thread getting confusing. The advice from DoozerG and others is the right way. Don't buy prop 1 if prop 2 is more suitable and cheaper. Be up front with EA and tell them this, then move forward on your chosen property. Best of luck.