House Purchase Underway - Advice appreciated
House Purchase Underway - Advice appreciated
Author
Discussion

rob172

Original Poster:

112 posts

250 months

Wednesday 10th March 2010
quotequote all
Hi,

We're purchasing a house on which we have been told by the Estate Agent that the vendor has accepted our offer.

At the time of acceptance and also since, we requested that it be listed on rightmove as 'Sold STC'. We were assured this would be done but instead they have listed the property as 'Under Offer'. Rightmove definition states that a property will be listed as 'Sold STC' when the vendor accepts the offer, 'Under Offer' is stated as an offer has been placed but the vendor has not yet decided to accept. We've also had no confirmation of our offer acceptance in writing.

The two things linked together are making us paranoid (i.e. no written confirmation of offer acceptance and listing as 'Under Offer' instead of Sold STC) as imminently we are about to part with the survey and legal fees. Our confidence is not helped by them being very evasive re. reasons for not marking as 'Sold STC' i.e. they ticked the 'Sold STC' box on rightmove and it came up as 'Under Offer'....

I've now formally written to them requesting written confirmation of acceptance of our offer subject to contract and that it be marked as 'Sold STC' on rigtmove in accordance with the Rightmove definition.

Any views on this?

Thanks in advance

_dobbo_

14,618 posts

266 months

Wednesday 10th March 2010
quotequote all
Is there a sold board up outside the house?

Personally I'd tell the agents unless you get acceptance in writing then you're withdrawing your offer.

Even with it in writing, they can still pull out on you but at least you've got some vague assurance that the agent isn't still marketing the property.

ln1234

848 posts

216 months

Wednesday 10th March 2010
quotequote all
Our estate agent was the same during our house purchase. It was 'under offer' until actually sold and contracts exchanged. They also told us there was another buyer offering 10k more than us (after we'd done surveys etc), forcing us to increase our offer. Common trick i'm told, and it worked on us even though we knew we were being set up.

Gargamel

15,670 posts

279 months

Wednesday 10th March 2010
quotequote all

why not get a mate or relation to phone rightmove and enquire about the property, get them to lay it on thick about them being a cash buyer, very interested and to ask for a viewing.

See what reaction it gets from the agent .....

Z4monster

1,442 posts

278 months

Wednesday 10th March 2010
quotequote all
My last house purchase only went Sold STC once we had the surveys done and all was OK. Up until then it was under offer.

However, we had offers confirmed in writing by the agents so that does sound a bit poor.

As said , get someone to ring up and try to get a viewing. See what happens with that. The agent is acting on behalf of the seller not you so has to do the best for them.

rob172

Original Poster:

112 posts

250 months

Wednesday 10th March 2010
quotequote all
Considered getting someone to enquire about the property but thought it might be a bit obvious at the moment with us currently hassling them about it.

Have just now had a response to my letter stating that memorandums of sale have been both faxed and posted to our solicitor today and an offer acceptance posted to us. Looks like that part worked then, but they say they do not mark any property as Sold STC (why did they say they'd do this then...?) but that the vendor will cease marketing when the survey 'which you have yet to arrange' comes back on the property...? Cheeky so and so's, they've only just posted our offer acceptance today after I hassled them!!!! and don't want to get shafted like they did with In1234.

How should we play this? Get on with it?


blueg33

42,497 posts

242 months

Wednesday 10th March 2010
quotequote all
The Estate Agents Act is very clear on thism point. The agent may only indicate the property as sold and take it off the market if he has express instructions preferably in writing from the seller to do so.

If he does not have those instructions from the seller he is breaking the law, and there have been cases of agents being prosecuted.

dave_s13

13,956 posts

287 months

Wednesday 10th March 2010
quotequote all
There's not a lot, if anything, you can do about it. Just have to sit tight and hope for the best. If your offer is reasonable and you are in a good position then you should be OK.

On the other hand, if you had a cheeky offer accepted then don't be surprised if you get gazumped at the last minute.



I'm off to start a thread on surveys actually.......

mk1fan

10,799 posts

243 months

Wednesday 10th March 2010
quotequote all
Don't worry about it.

At the end of the day until you exchange contracts then either party can walk away. The morals of this is a different matter.

Don't be bullied or fooled into increasing your offer too. If you've had your surveys done, are significantly along the conceyancing protocols and the EA turnsround and says they have another offer then respond with 'well if the Seller wants to start the process all over again that's their choice'. There are loads of houses/homes available and none are perfect.

rob172

Original Poster:

112 posts

250 months

Wednesday 10th March 2010
quotequote all
Thanks all your advice.

We're going to plough ahead. We haved a fall-back property in mind should they attempt to get us to raise our offer.

I have to say the attitude and approach of this agent compares extremely poorly to what we've experienced through the selling agent 'housenetwork' for our house (this also supported by feedback from our buyer). Amazes me why more people don't use them!

grumbledoak

32,226 posts

251 months

Wednesday 10th March 2010
quotequote all
rob172 said:
I have to say the attitude and approach of this agent compares extremely poorly to what we've experienced through the selling agent 'housenetwork' for our house (this also supported by feedback from our buyer). Amazes me why more people don't use them!
rofl Remind yourself who is paying which agent. wink

As others have said, not much you can do. Nothing is binding 'til contracts are exchanged. Hateful system.

dave_s13

13,956 posts

287 months

Wednesday 10th March 2010
quotequote all
rob172 said:
Thanks all your advice.

We're going to plough ahead. We haved a fall-back property in mind should they attempt to get us to raise our offer.

I have to say the attitude and approach of this agent compares extremely poorly to what we've experienced through the selling agent 'housenetwork' for our house (this also supported by feedback from our buyer). Amazes me why more people don't use them!
That's who we used. Sold the house in 21days! Fingers crossed we actually complete.

I signed up to HN upfront deal (460odd quid) with a nagging feeling of doubt. But, they are actually excellent to deal with. Also, the online nature of their set up means you feel more in control of the process. I'd recommend them to anyone.

Good luck with your move anyway thumbup

miniman

28,608 posts

280 months

Wednesday 10th March 2010
quotequote all
rob172 said:
Considered getting someone to enquire about the property but thought it might be a bit obvious at the moment with us currently hassling them about it.
I'm not entirely sure that the average estate agent would put two and two together to be honest...

anonymous-user

72 months

Wednesday 10th March 2010
quotequote all
rob172 said:
Hi,

We're purchasing a house on which we have been told by the Estate Agent that the vendor has accepted our offer.

At the time of acceptance and also since, we requested that it be listed on rightmove as 'Sold STC'. We were assured this would be done but instead they have listed the property as 'Under Offer'. Rightmove definition states that a property will be listed as 'Sold STC' when the vendor accepts the offer, 'Under Offer' is stated as an offer has been placed but the vendor has not yet decided to accept. We've also had no confirmation of our offer acceptance in writing.

The two things linked together are making us paranoid (i.e. no written confirmation of offer acceptance and listing as 'Under Offer' instead of Sold STC) as imminently we are about to part with the survey and legal fees. Our confidence is not helped by them being very evasive re. reasons for not marking as 'Sold STC' i.e. they ticked the 'Sold STC' box on rightmove and it came up as 'Under Offer'....

I've now formally written to them requesting written confirmation of acceptance of our offer subject to contract and that it be marked as 'Sold STC' on rigtmove in accordance with the Rightmove definition.

Any views on this?

Thanks in advance
Have you and your solicitor recieved a memorandum of sale?

Is there more than one agent offering the property?

Edited by anonymous-user on Wednesday 10th March 20:14

blueg33

42,497 posts

242 months

Wednesday 10th March 2010
quotequote all
grumbledoak said:
Nothing is binding 'til contracts are exchanged. Hateful system.
And another system is better? People will always need time to prevaricate, whether they make the offer and then do the due dilligence, or whether they view, do the due dilligence and then offer, the process up to the point of commitment will be much the same. The only way you could get away from it is to have the seller do all the surveys and searches (a HIP - which everyone hates) and the mortgage companies committed to the purchaser regardless of the property, and this can't happen because a property may be over valued and that wouldn't show until the mortgage company did their valuation.

I have been buying snd selling property for a living for 20 odd years and no one has been able to suggest a syestem that doesnt have the same pitfalls somewhere along the line

rob172

Original Poster:

112 posts

250 months

Wednesday 10th March 2010
quotequote all
They say a memorandum of sale has been sent to our solicitor today by fax and post, following my letter chasing them.

grumbledoak

32,226 posts

251 months

Wednesday 10th March 2010
quotequote all
blueg33 said:
And another system is better?
yes The Aussies have a much better system, for one.

blueg33

42,497 posts

242 months

Wednesday 10th March 2010
quotequote all
grumbledoak said:
blueg33 said:
And another system is better?
yes The Aussies have a much better system, for one.
Enlighten me please?

mk1fan

10,799 posts

243 months

Wednesday 10th March 2010
quotequote all
The system would be greatly improved if people wouldn't continue to sell a property once a price has been agreed.

grumbledoak

32,226 posts

251 months

Wednesday 10th March 2010
quotequote all
blueg33 said:
Enlighten me please?
Deal is formalised at, basically, the handshake stage. Fiscal penalties with interest for backing out, with only a few exceptions. They also have professional 'conveyors' who are neither the sellers agent or lawyer. Not adversarial as it is here.

Edited by grumbledoak on Wednesday 10th March 21:30