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Selling/renting out house in UK

Selling/renting out house in UK

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Old May 28th 2011, 10:33 pm
  #46  
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Default Re: Selling/renting out house in UK

Originally Posted by CelticRover
How would anyone know whether an owner was continuing to show the property until the original deal was consummated?
You just have to agree it with the agent, then keep an eye on the website and the marketing of it. Ring up anonymously and ask to see it. Easy.
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Old May 29th 2011, 3:31 am
  #47  
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Default Re: Selling/renting out house in UK

Originally Posted by Bermudashorts
I should think they are very few people in the UK who have bought or sold a property and do not understand that "offer" is not legally binding,
Many people on this forum appear to have been of the opposite understanding.

And as a seller I would think it unwise to deal with a buyer who insisted a house was taken off the market based on a legally meaningless offer. If that meant finding another buyer, so be it.
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Old May 29th 2011, 12:24 pm
  #48  
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Default Re: Selling/renting out house in UK

Originally Posted by Bermudashorts
I should think they are very few people in the UK who have bought or sold a property and do not understand that "offer" is not legally binding, it is not a secret that only the finest legal and financial minds are aware of. If I put an offer in I would make it a condition that the property comes off the market, if I find that it is still on the market I would pull out myself.
Both times my wife and I bought houses in the UK I made it abundantly clear to the sellers estate agent that after we had agreed to purchase we did not want to see the house advertised in the news papers again and definitly did not want to find they were doing viewings and/or inviting further offers. I also told them that if I found out they were that my offer would be withdrawn immediately. They were happy to agree to that.

I quietly suggested an anonymous friend might call them at some stage to check out their policy.....

It is a big enough minefield as it is, without the estate agent encouraging somebody to gazump a buyer who has already invested time and money in the process.
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Old May 29th 2011, 4:32 pm
  #49  
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Default Re: Selling/renting out house in UK

Originally Posted by Paul B
Both times my wife and I bought houses in the UK I made it abundantly clear to the sellers estate agent that after we had agreed to purchase
Legally you hadn't agreed to anything.
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Old May 30th 2011, 12:58 pm
  #50  
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Default Re: Selling/renting out house in UK

Originally Posted by JAJ
Legally you hadn't agreed to anything.
I didn't say we had.
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Old May 30th 2011, 2:02 pm
  #51  
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Default Re: Selling/renting out house in UK

Originally Posted by Paul B
I didn't say we had.
So you expected a seller to rely on a legally meaningless "agreement". The seller could just as easily have told you that while you might have been first in line to buy, he would still look for other buyers in case you changed your mind or were unable to complete the deal. Many house sales never happen for this reason.

A buyer might well have walked away (but not necessarily if you wanted the property) but a seller could well take the view that if you're going to lose a buyer, better to do so at the start of the process than later on.
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Old May 30th 2011, 3:32 pm
  #52  
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Default Re: Selling/renting out house in UK

Originally Posted by JAJ
Many people on this forum appear to have been of the opposite understanding.

And as a seller I would think it unwise to deal with a buyer who insisted a house was taken off the market based on a legally meaningless offer. If that meant finding another buyer, so be it.

We have bought and sold several times in the UK.
When we have made or recieved an offer, and the offer has been accepted the house has always been taken off the market (stopped advertising online/local papers/shop window). I wouldn't have it any other way!! It is called a 'gentleman's agreement'.......But it is so much better to meet and talk to the buyer/seller and suss them out beforehand....... and keep dialogue going! If a buyer has not paid out money for a survey etc. in the first couple of weeks, then you should contact them for a chat. Never leave everything to estate agents and solicitors!!
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Old May 30th 2011, 4:11 pm
  #53  
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Default Re: Selling/renting out house in UK

Originally Posted by jezandem
We have bought and sold several times in the UK.
When we have made or recieved an offer, and the offer has been accepted the house has always been taken off the market (stopped advertising online/local papers/shop window). I wouldn't have it any other way!! It is called a 'gentleman's agreement'.......But it is so much better to meet and talk to the buyer/seller and suss them out beforehand....... and keep dialogue going! If a buyer has not paid out money for a survey etc. in the first couple of weeks, then you should contact them for a chat. Never leave everything to estate agents and solicitors!!
It's fine to do this as long as both sides understand that there is no legal obligation in place until contracts are exchanged (and hence, don't start making commitments based on a sale). Also, if buyer wants seller to stop looking for alternative options, the expectation should be on the buyer to demonstrate that he is serious about completing the deal quickly. If he doesn't, then the seller is quite entitled to actively market the property again.
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Old May 30th 2011, 6:08 pm
  #54  
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Default Re: Selling/renting out house in UK

Originally Posted by JAJ
It's fine to do this as long as both sides understand that there is no legal obligation in place until contracts are exchanged (and hence, don't start making commitments based on a sale). Also, if buyer wants seller to stop looking for alternative options, the expectation should be on the buyer to demonstrate that he is serious about completing the deal quickly. If he doesn't, then the seller is quite entitled to actively market the property again.
JAJ........I have never heard of anybody who thinks that accepting an offer is a legal commitment, have you?

A certain degree of trust is inevitable, on both sides, and a deal is a deal for most of us! but yes the buyer or seller should establish and maintain dialogue and stay on their toes.
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Old May 30th 2011, 6:09 pm
  #55  
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Default Re: Selling/renting out house in UK

Originally Posted by jezandem
JAJ........I have never heard of anybody who thinks that accepting an offer is a legal commitment, have you?
I have seen a lot of people on this forum who have been surprised when the offer was withdrawn or changed.
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Old May 30th 2011, 6:16 pm
  #56  
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Default Re: Selling/renting out house in UK

http://www.legalnorms.com/offer-and-acceptance.php
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Old May 30th 2011, 7:14 pm
  #57  
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Default Re: Selling/renting out house in UK

Originally Posted by JAJ
So you expected a seller to rely on a legally meaningless "agreement". The seller could ..........
No, I simply told their estate agent that we did not want to see the house advertised in the news papers again and definitly did not want to find they were doing viewings and/or inviting further offers.

I don't care about any legal agreement or would have/could have blather. This is what we did. Period.
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Old May 30th 2011, 7:24 pm
  #58  
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Default Re: Selling/renting out house in UK

Originally Posted by Paul B
No, I simply told their estate agent that we did not want to see the house advertised in the news papers again and definitly did not want to find they were doing viewings and/or inviting further offers.

I don't care about any legal agreement or would have/could have blather. This is what we did. Period.
I'm in the process of selling my house in the UK and have instructed the estate agent to actively market and advertise the property until contracts have been signed. The buyer is free to look elsewhere if they wish...why shouldn't I cover myself?
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Old May 30th 2011, 7:35 pm
  #59  
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Default Re: Selling/renting out house in UK

Originally Posted by Jerseygirl
I'm in the process of selling my house in the UK and have instructed the estate agent to actively market and advertise the property until contracts have been signed. The buyer is free to look elsewhere if they wish...why shouldn't I cover myself?

Count me out!!
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Old May 30th 2011, 7:37 pm
  #60  
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Default Re: Selling/renting out house in UK

Originally Posted by jezandem
Count me out!!
I make it quite clear that now we've agreed on a price I will not go to another buyer...but I do want a list of prospective buyers to turn to in case the sale drops through.
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