any estate agents out there ?

any estate agents out there ?

Author
Discussion

jackal

Original Poster:

11,248 posts

284 months

Saturday 4th April 2009
quotequote all
what's the offical line on taking a property off the market (web sites etc..) after its under offer (or at least stating in the adverts that it is under offer)

is this something that is just generally the right thing to do but there are no actual laws in place to protect the buyer ?

or, as a buyer, do I have an official channel through wich to complain or report a particular estate agent for failing to do this ?


thanks for any help


Trevelyan

718 posts

191 months

Saturday 4th April 2009
quotequote all
I don't think they have to take it off the market, it's down to whatever you agree with the agent, and whatever their normal practice is. When I made the offer on my current house it included the condition that it was taken off the market straight away. The agent was fine with this, and apart from the slight delay I'd expect in getting it removed from the websites they did it with no problems.

Merc fan

963 posts

185 months

Saturday 4th April 2009
quotequote all
If your offer has been accepted subject to the house being removed from the market then the agent should remove it. Otherwise, remove your offer! The agent has an obligation to do as his client tells him and to tell you the truth.

unrepentant

21,292 posts

258 months

Saturday 4th April 2009
quotequote all
Trevelyan said:
I don't think they have to take it off the market, it's down to whatever you agree with the agent, and whatever their normal practice is. When I made the offer on my current house it included the condition that it was taken off the market straight away. The agent was fine with this, and apart from the slight delay I'd expect in getting it removed from the websites they did it with no problems.
That's about the size of it. If your offer was conditional upon it being removed from the lists then it should be. The problem I guess is that with so many sales falling through after offers are accepted a lot of vendors want marketing to continue almost until exchange.

eldar

21,872 posts

198 months

Saturday 4th April 2009
quotequote all
unrepentant said:
Trevelyan said:
I don't think they have to take it off the market, it's down to whatever you agree with the agent, and whatever their normal practice is. When I made the offer on my current house it included the condition that it was taken off the market straight away. The agent was fine with this, and apart from the slight delay I'd expect in getting it removed from the websites they did it with no problems.
That's about the size of it. If your offer was conditional upon it being removed from the lists then it should be. The problem I guess is that with so many sales falling through after offers are accepted a lot of vendors want marketing to continue almost until exchange.
Very true. The house isn't sold until the contracts are signed. Until that point either party can walk away for any, or no, reason. The seller needs to have contingency plans....

anonymous-user

56 months

Saturday 4th April 2009
quotequote all
TBH as the seller I would want it kept on the market until exchange. Otherwise if the buyer decides not to proceed you have lost valuable selling/marketing time.

Ramthorne

4,078 posts

218 months

Saturday 4th April 2009
quotequote all
garyhun said:
TBH as the seller I would want it kept on the market until exchange. Otherwise if the buyer decides not to proceed you have lost valuable selling/marketing time.
On that basis it would be reasonable for your buyer to continue viewing other properties, leaving you at risk of them finding something more appealing. In a difficult market you would be better trying to secure the confidence of a buyer.

The accepted, usual practice is that the vendor stops marketing and the purchaser stops looking, however it's not a perfect world.

Geoffers

889 posts

255 months

Saturday 4th April 2009
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Hi all,
Most agents will advise their vendors to keep the property on the market for the collection of names and addresses only.
ie The property remains on the market, and will remain on web sites, any one who enquires will be told the property is SSTC, but their details lodged in case the sale falls through.
Unfortunately there is no law, or avenue of complaint for a prospective buyer, as the Agent only works for the Vendor, as they are the one paying his fee!

anonymous-user

56 months

Saturday 4th April 2009
quotequote all
Ramthorne said:
garyhun said:
TBH as the seller I would want it kept on the market until exchange. Otherwise if the buyer decides not to proceed you have lost valuable selling/marketing time.
On that basis it would be reasonable for your buyer to continue viewing other properties, leaving you at risk of them finding something more appealing. In a difficult market you would be better trying to secure the confidence of a buyer.

The accepted, usual practice is that the vendor stops marketing and the purchaser stops looking, however it's not a perfect world.
I actually sold my property early last year so hypothetical now. But..my view is if the buyer wants to offer me a non-refundable deposit (refundable however if things found to be wrong with house) then I'm happy to remove form market. Otherwise I think any seller is mad to do so. Yes, of course, let the buyer keep looking if he so pleases BUT if he's made an offer and keeps looking I would say he's not really that good a buyer for you. Whenever I have kept the property on the market I have always given the original buyer a date to exchange (that's realistic to the buyer) and said it's yours no matter who else comes along, but, if you pull out then I have another buyer lined up. Seems sensible to me!

selmahoos

694 posts

211 months

Saturday 4th April 2009
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In Scotland the making and acceptance of an offer doesn't mean much legally. It's the next stage - concluding missives - where an irrevocable bargain has been struck, at which point the property is really off the market.

jackal

Original Poster:

11,248 posts

284 months

Saturday 4th April 2009
quotequote all
thanks for that guys