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Keeping for sale property on market after accepting an Offer

(137 Posts)
Franbern Sat 18-May-24 11:24:12

I have noticed that has recently become something that is happening. Vendors accept an offer on the property they are selling, but tell EAgents to keep it on the market.

I think this is totally unethical. It means that a purchaser could go ahead, and pile up thousands of pounds of costs with solicitors, and then a purchaser comes along (unbeknown to them), with a slightly higher offer, and they either enter a late bidding war or else lose the property.

Equally, people viewing the property will probably not know that an offer has already been accepted and sale going forward. So, their time is being wasted.

Surely, once an offer has been accepted by the vendors and their solicitors informed, then it should be illegal to continue to have the property advertised.

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aonk Sat 18-May-24 11:33:42

I completely agree with you. There’s an article in today’s Times about this exact issue. It’s really time that this was addressed. It encourages greedy and deceitful behaviour. Buying and selling property is already stressful without this.

M0nica Sat 18-May-24 12:03:44

It depends on the circumstances, there can be big gap between an offer coming in and proper legal work starting, someone can make an offer, but not yet have a mortgage offer, which might prove impossible.

If you have an older house, you may want to keep your options open until the building survey has been completed and you know whether the buyer is going to use it as an excuse for making a much lower offer, that you decline.

You may want the estate agent to do a thorough check on the potential buyers, claims, about their house ebing under offer, how long there chain is, how secure it is.

I can thing of an hundred reasons, you might want to keep your property open to viewings after and offer has been received and accepted, although I do agree once the survey is done, mortage approved, and the chain tested and the solicitors get down to work. Yes, after that, viewings should cease.

Germanshepherdsmum Sat 18-May-24 12:04:51

Anyone making an offer on a property should insist that it’s immediately taken off the market if the offer is accepted.

Joseann Sat 18-May-24 12:08:32

Germanshepherdsmum

Anyone making an offer on a property should insist that it’s immediately taken off the market if the offer is accepted.

Quite. Kirsty and Phil do this every time as part of the agreement.

AGAA4 Sat 18-May-24 12:14:18

I found out, after I had moved into my new property, that even after I had paid a deposit it was being shown to other people.
One very disappointed man told me he had agreed to buy it and was only told after I had exchanged contracts that it was not for sale.

NotSpaghetti Sat 18-May-24 12:16:11

If you accept an offer and are messed around for a year you would not think that.

NotSpaghetti Sat 18-May-24 12:21:03

The house we live in now was taken off the market after the previous offer was accepted and the purchasers messed the vendor around for just over a year. By then they had lost the other house they wanted to buy.

When we came along the day they put it back on the market it was all very quick as we had everything in place.

ferry23 Sat 18-May-24 12:44:13

The whole buying/selling process in this country is seriously flawed and the conveyancing process is ridiculous. I see friends in North America, Australia and Western Europe selling, buying and moving in the space of a few weeks, but here you're lucky if you can get away with 6 months from start to finish.

I'm moving next Thursday and even before I put mine on the market I told myself to remember what it was going to be like, it's never, ever simple and not to let myself get over stressed. And here I am sitting here covered with eczema which I haven't had for ages - the last time I had it was when my Dad died 7 years ago. Only rears it's ugly head when I'm super stressed.

After this move, that's my lot!

Germanshepherdsmum Sat 18-May-24 12:50:58

No seller should allow the buyer to mess them around for a year!

Smileless2012 Sat 18-May-24 12:55:07

If the property is available on the 'for sale' market it should say it's 'under offer'.

Fingers crossed for you for next Thursday ferry.

Jewelle Sat 18-May-24 12:56:16

Germanshepherdsmum

No seller should allow the buyer to mess them around for a year!

Absolutely! Why would you let someone mess you around like that?

Germanshepherdsmum Sat 18-May-24 13:01:23

I can’t imagine. I used to act for commercial developers. When a sale or purchase was agreed the terms included an agreed timetable for exchange and completion. Failure to comply meant the property was back on the market.

Calipso Sat 18-May-24 13:45:16

I would only remove my house from the market if the buyer was in a position to proceed with the sale and had funding in place. If someone has a house to sell, it can take a very long time.

NotSpaghetti Sat 18-May-24 14:01:23

Germanshepherdsmum

No seller should allow the buyer to mess them around for a year!

No, they should not, but they were old and initially overly considerate. The buyers were 3 generations and simply ran rings round them. They were quite demanding I discovered later - and kept turning up at the property looking for a discount(!) They kept trying to push the older couple into accepting this and that...
Eventually they had had enough and we saw the board the same day it was put back on the market.

My own father sold his business (to retire) to a man and his son. The father had a heart attack...
My soft hearted dad instructed his solicitor to wait. The father's recovery was slower than expected but he felt sorry for them. 🙄 He did know what he was doing but it cost him financially.

Real life can be hard.
We know the theory.
But yes, you are right GSM!

karmalady Sat 18-May-24 14:17:52

mine stayed on the market after I had an offer. An offer does not show commitment, employing a solicitor or surveyor does and when that became the situation, then I tentatively withdrew my property from market. Similar if the buyer had not sold their property. The chain would have to be complete for me to withdraw

Germanshepherdsmum Sat 18-May-24 14:22:01

I agree, karmalady. I wouldn’t accept an offer from a buyer who hadn’t already got a firm buyer for their property, nor would I accept an offer if the chain wasn’t complete.

ferry23 Sat 18-May-24 14:44:18

I'm moving into a vacant property, my buyers are cash buyers and were about to exchange with their buyers (that was the extent of the chain) and were going to move into rented property on a month by month basis to break the chain.

I didn't even view a property until a sale had been agreed on mine, which was mid November and I found a property quite quickly and sale was agreed.

At the 11th hour (day before Xmas Eve) the buyers at the bottom of the chain pulled out. BUT - nobody told me this until middle of January and only when I phoned agent to confirm my buyers had completed and moved into rented property.

I had thus agreed to purchase a property that wouldn't necessarily have been my first choice, but I'd got the asking price for mine and I was mindful that my buyers were (allegedly) ready to move. Because I was able to tell my seller it would be a cash purchase with quick completion I did manage to negotiate a very good price.

I was very lucky in that my seller (who was selling via Power of Attorney) was understanding - I know she needed to pay care home fees for her Father.

I'm not going to go into the whole story as that would take forever, but what started as what should have been a reasonably easy move turned into a bit of a nightmare. More than 6 months with only 3 in the chain and 2 of those cash buyers.

Witzend Sat 18-May-24 14:57:17

Last time I sold, I turned down a higher offer from a previous viewer, because I’d given my word to my accepted buyer.

She repaid me by demanding a price reduction 24 hours before exchange of contracts.
I’m pleased to say I called her bluff - told her via the agent to sod off - and the sale went ahead.

What possibly irked me even more, was that the EA appeared to be on her side - urging me to accept the reduction! So he was welcome to sod off, too.

Germanshepherdsmum Sat 18-May-24 14:57:21

But one wasn’t a cash buyer - they had a dependent sale which fell through. And perhaps the buyers who pulled out were reliant on a mortgage. I don’t call anyone a cash buyer unless they have the money in the bank - and it’s up to the estate agent to establish proof of available funds.

Germanshepherdsmum Sat 18-May-24 14:57:48

That was to ferry.

Germanshepherdsmum Sat 18-May-24 15:02:17

Witznd, I have no faith in most estate agents. They don’t care if you take a hit because it won’t affect their fee much and they just want their hands on it asap. The higher end agents are more expensive but they generally have ethics. We used Savills when we last sold and would do so again - really on the ball and well worth the higher fee.

foxie48 Sat 18-May-24 15:40:24

When my daughter was buying her second house, she saw the perfect one but although her first house was on the market and she had accepted an offer the EA had also had an offer for below the asking price from a couple who were cash buyers. We told her to offer the asking price so she would be a cash buyer and that we would lend her sufficient money until she could pay us back. Her offer was accepted but the owners of the house she was buying had their purchase fall through and eventually daughter was having to wait for them to move out! Anything can happen, I think buying and selling houses is one of the most stressful things we do. We have always asked for the house to be taken off the market once our offer has been accepted but have often had problems with people selling lower down the chain. Nothing is certain until contracts have been exchanged and a solicitor should not allow you to do that until he/she is satisfied that all the money is safely in place.

ferry23 Sat 18-May-24 15:55:20

Yes GSM you're quite right in that their cash was dependant upon their buyers mortgage offer. I was too trusting in what I was told by the agent in that their exchange was taking place within 48 hours with a one week completion.

The agents (not cheap either) did a good job in marketing my property - no complaints there - but after sales was abysmal. Their "sales progressor" was very wrong in not telling me things had gone wrong, and even when my purchasers found another buyer, I was still fed incorrect information.

She was tardy in keeping me up to date with the conveyancing - in fact when she did eventually contact me, about once a month, I either already knew what she told me, or was one step ahead of her.

When we exchanged last week, my solicitor called me, my seller's agent called me and my purchaser called me. My own agent called me two days after exchange to "congratulate" me on the exchange - but not even a courtesy call to say exchange had taken place.

It's very easy to be less than efficient at your job when your fee is going to be passed on to you before the cash is passed to the client. So you know you're going to get paid even if you're rubbish.

Joseann Sat 18-May-24 16:05:26

I think if you're the buyer, have had all the checks done, and you offer the full asking price, you should be within your rights to ask for the property to be withdrawn from the market.