Buying a house direct from the vendor

Buying a house direct from the vendor

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theguvernor15

Original Poster:

945 posts

104 months

Monday 10th April 2017
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Recently we went to view a newly refurbished house, we both liked & had a second viewing on Friday.
When we got there, (whilst waiting for the agent), the seller came out and spoke to us, he said to us that as he'd bought a neighboring property to do up, that he would be willing to lower his asking price significantly, if we cut out the agent, as he needs the funds to renovate his next property.
He told us what he would take for it as a lump sum & for the price it's a considerable discount & as it's our first property we need to save as much as possible!
My question is, i understand he'll have some form of contract with the agent, however if we went direct to him (which he asked us to do), are we going to be liable for any costs by doing so?
I presume not, as we have no contract with the agent, other than them showing us the house?

kiethton

13,907 posts

181 months

Monday 10th April 2017
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I'd be very surprised if he wasn't liable for agents fees in this situation, especially as they've made the introduction

Wacky Racer

38,175 posts

248 months

Monday 10th April 2017
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You will not be liable for any costs whatsoever, but I very much doubt that he will be able to get away with this, agents are not stupid, this happens all the time.

Even if he cancelled the contract with the agent and you "happened" to come along a few weeks later whistle, the agent will have your name on file as a prospective viewer, and if the get wind they will come on to the vendor for their fees as they "originally" introduced you.

You have nothing to worry about, but he is playing a very dangerous game.

I know people hate agents generally, but this is hardly fair on them.

(I'm not in the business, but this is how I understand it.)

theguvernor15

Original Poster:

945 posts

104 months

Monday 10th April 2017
quotequote all
That was my views on it.
I'll give the guy a call & see what he thinks!

speedyman

1,525 posts

235 months

Monday 10th April 2017
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Bought a house like this once, but to get round it the seller took it off the market, we rented it for three months (he paid the rent) with a rental agreement,then we bought the house from him as sitting tenants at a discount price.

TheLordJohn

5,746 posts

147 months

Monday 10th April 2017
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Estate agents have been fking people over for decades.
If he wants to do it then letting it from him first (as above) then buying could be a good way to proceed.
You won't be liable at all. If the agent gets wind it'll be the vendor their contract is with.

PositronicRay

27,043 posts

184 months

Monday 10th April 2017
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speedyman said:
Bought a house like this once, but to get round it the seller took it off the market, we rented it for three months (he paid the rent) with a rental agreement,then we bought the house from him as sitting tenants at a discount price.
I'm not sure how this saves money EA fees on say a £300k property around £4k. So to make it worthwhile to him say discount £2k and pocket £2k, hardly seems worth it.

scenario8

6,567 posts

180 months

Monday 10th April 2017
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How large can this agent's fee possibly be in order for him to pass on a considerable saving to a buyer? It doesn't make any sense.

Do what you like, of course. You have no contract with the agent.

I'd trust this seller as far as I could throw him, however. So whatever route is taken I hope the transaction goes through smoothly.

JQ

5,752 posts

180 months

Monday 10th April 2017
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There's no real impact on yourself, however, its does give you a good indication of the kind of person you're dealing with. Bear in mind you are about to spend a large amount of money (solicitors fees, valuation, survey) based upon the integrity of this vendor, who can pull out of this deal at any time they like.

Out of interest how much of a discount are they offering, I wouldn't have thought saving agents fees would make that much difference to a deal?

theguvernor15

Original Poster:

945 posts

104 months

Monday 10th April 2017
quotequote all
We went to see it & he said (before we even talked about it).
He said:
'I'll knock £10k off the ask if you buy direct, as I've bought a neighboring property to do-up & i need the money to do that.'
I said ok that's interesting, he said he has to pay £3k in fees to the EA & he needs to get a deal done so he can start work & complete the other house he has to do up.
It doesn't bother me either way, so i've left the ball in his court.

FrankAbagnale

1,702 posts

113 months

Monday 10th April 2017
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theguvernor15 said:
We went to see it & he said (before we even talked about it).
He said:
'I'll knock £10k off the ask if you buy direct, as I've bought a neighboring property to do-up & i need the money to do that.'
I said ok that's interesting, he said he has to pay £3k in fees to the EA & he needs to get a deal done so he can start work & complete the other house he has to do up.
It doesn't bother me either way, so i've left the ball in his court.
Doesn't make any sense to me to reduce by £10k to avoid £3k fees - cutting the agent out won't make the deal go any quicker and he may find himself taking a lower offer and being bound by contract to pay the fee.

With that said, as a purchaser, there will be no come back on you. Although, if you live in a small town etc it could be shortsighted as any agent will be wary about introducing you to houses in future. If you live in a larger town/city I doubt anyone would remember in future other than the agent you're dealing with now.

Not that it matters to you, but there has been an effective introduction to the seller by the agent. Assuming they have a normal contract in place the agent will have a right to a fee should you purchase the property for anywhere between 6-12 months from the end of the sole agency contract.

Other people may say they got away with it by keeping it quiet/letting it from the owner etc and the agent didn't get a fee. That doesn't mean the agent wasn't entitled to one.

The way he approached you, purchase of neighbours house, needing money to do it up from his own sale, avoiding £3k in fees with a £10k price drop. Something doesn't quite sit right here for me and i'd be very suspicious.

Edited by FrankAbagnale on Monday 10th April 12:39

theguvernor15

Original Poster:

945 posts

104 months

Monday 10th April 2017
quotequote all
FrankAbagnale said:
Doesn't make any sense to me to reduce by £10k to avoid £3k fees - cutting the agent out won't make the deal go any quicker and he may find himself taking a lower offer and being bound by contract to pay the fee.

With that said, as a purchaser, there will be no come back on you. Although, if you live in a small town etc it could be shortsighted as any agent will be wary about introducing you to houses in future. If you live in a larger town/city I doubt anyone would remember in future other than the agent you're dealing with now.

Not that it matters to you, but there has been an effective introduction to the seller by the agent. Assuming they have a normal contract in place the agent will have a right to a fee should you purchase the property for anywhere between 6-12 months from the end of the sole agency contract.

Other people may say they got away with it by keeping it quiet/letting it from the owner etc and the agent didn't get a fee. That doesn't mean the agent wasn't entitled to one.

The way he approached you, purchase of neighbours house, needing money to do it up from his own sale, avoiding £3k in fees with a £10k price drop. Something doesn't quite sit right here for me and i'd be very suspicious.

Edited by FrankAbagnale on Monday 10th April 12:39
We actually got to the property to view on time (second viewing).
The vendor was there as he has totally renovated the house & was working on it.
Our agent showed up late & he struck up a conversation off his own back.
He said when he purchased this house to do up, he also bought the neighbouring house to do up as well, we told him we were FTB with an agreement in place & he said he needed a quick sale to free up cash to do the second house.
He said going via the EA was going to cost him £3k in fees, but as he wanted to get them both completed & sold he'd take an offer on the one we were viewing, we asked him what he'd accept & he said £10k less than the listed price to go direct.
I've left it with him and told him to check his contract with the EA & come back to me as it's not us that will be liable for any costs.
We have no issue going via the agent & offering slightly more, (he doesn't know this), however we shall see what happens when he comes back to us.

PositronicRay

27,043 posts

184 months

Monday 10th April 2017
quotequote all
On the face of it, it does stink.

However it maybe the vendors way of "cutting to the chase" and justifying his discount for a quick transaction. If he want's out of it desperately enough he'll maybe give the agent their fee and a good discount.

Check out the values locally and go in low.

TheLordJohn

5,746 posts

147 months

Monday 10th April 2017
quotequote all
I think he is offering the £10k discount as you seem (to him) to be in a strong position.
I don't think he's really thinking, "If I don't go through an agent, i'll save £10k". He seems to be a motivated seller and thinks you could be the buyer that isn't going to mess him around so is willing to take a small hit on his profit in order to best guarantee a sale and roll his money into the next one.

I don't think it's as sinister as is being made out by others.

C Lee Farquar

4,069 posts

217 months

Monday 10th April 2017
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I think as he has demonstrated he'd defraud the estate agent without a moments thought I would be highly suspicious of his 'complete renovation'.

Does he sound like the sort of person who would replace a rotten floor joist or would he prop it up on a brick and nail the floor back down?

Would he paint over a damp patch or properly sort the cause?

Hide or fix structural movement?


Rangeroverover

1,523 posts

112 months

Monday 10th April 2017
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I would avoid this offer, and this vendor, if that is his level of trustworthyness I would worry about the standard of work on the house and any warranty on the work

theguvernor15

Original Poster:

945 posts

104 months

Monday 10th April 2017
quotequote all
Those are all fair points, however i guess a survey would show this up.
It's had a full rennovation, wiring is new, plumbing is new, new boiler, flooring, rads, decoration, doors, you name it. (All clearly visible.)
When we initially discussed the property with the agent he also said he'd offer a 12 month warranty on the property.
I've given it a thorough going over & it does 'look' to have been done properly.
The agent did say when they showed us round first time he wanted a quick sale as he had another property he wanted to do up.

scenario8

6,567 posts

180 months

Monday 10th April 2017
quotequote all
Most of the troublesome aspects of any property - most especially an older property that has been refurbished - are not clearly visible. They won't be clearly visible to a surveyor either.

Still, if you're happy to proceed then do as you please.

speedyman

1,525 posts

235 months

Monday 10th April 2017
quotequote all
PositronicRay said:
I'm not sure how this saves money EA fees on say a £300k property around £4k. So to make it worthwhile to him say discount £2k and pocket £2k, hardly seems worth it.
The seller had bought the house as a do'er upper and had completed the refurb. work, there were tax implications for him. We didn't care as we got the house for less.

JQ

5,752 posts

180 months

Monday 10th April 2017
quotequote all
theguvernor15 said:
Those are all fair points, however i guess a survey would show this up.

A survey would most certainly not show up issues which have been hidden by a developer in a renovation. That's the point, they've been hidden and will only materialise at some later date, when it's too late. A survey is not invasive.

On a renovation you need to confidence that the builder has done a proper job and not just papered over issues. A vendor prepared to ignore a legal contract is not some who instills confidence.