Possible Estate Agent Misconduct

seedubya

Hi all,
Sorry if this is the wrong board. Mods, please move if so.

Last Tue. 21st an estate agent contacted me about a house I had viewed to say there was an first offer on that house. I rang him back later that day to make a higher offer. He said he'd take it to the buyer. I heard nothing since and didn't enquire since I was very busy with other stuff.

Today I see on their website that the house is sale agreed. So I ring him to see what is the story. He says that he told me last tuesday that the house was sale agreed but he most definitely did not. The sale agreed price is the original first offer.

Now my point is that I would have gone up to 7% higher than the original offer and he never gave either myself or the vendor the opportunity to negotiate further and in doing so has acted unprofessionally.

Also, how could he have contacted me for a bid if the house was already sale agreed before he rang me on 21st?

Finally, why did he not have the professional courtesy to tell me my offer had been refused?

Hope someone might have some thoughts.

seedubya
:mad: :mad:

Victor

Originally posted by seedubya
Last Tue. 21st an estate agent contacted me about a house I had viewed to say there was an first offer on that house. I rang him back later that day to make a higher offer. He said he'd take it to the buyer.

When he "he'd take it to the buyer", he may not have been aware that the seller had already accepted the other offer.

Originally posted by seedubya
Now my point is that I would have gone up to 7% higher than the original offer and he never gave either myself or the vendor the opportunity to negotiate further and in doing so has acted unprofessionally.

You **didn't** (yet) go the extra 7%, so to a small degree you can't blame the seller for accepting another offer. When he said he contacted you, it may have been an intention to contact you (you were busy) or he delegated the job of telling you. Perhaps 2 properties were mixed up. The agent is employed by the vendor, not you and has little obligation to you. You may not know the full set of circumstances. It might actually have been a family or executor sale where money wasn't the absolute criteria.

Originally posted by seedubya
Finally, why did he not have the professional courtesy to tell me my offer had been refused?

While it would be courteous, there is no obligation to convey a negative answer to an offerer.

In short, while he may have been discourteous, I suspect he didn't act "unprofessionally". Can I suggest you write a firm, but not aggressive letter to the agent (or the principal in the agent's office), expressing your concerns and suggest you might have gone a few % more if he had been in contact (but don't admit 7%).

Do not get snotty, as this might be an opportunity for you to get the inside track on similar properties, by getting them to be "nice" to you (it worked for my sister and they got an executor sale for 10-20% below market as they wanted a quick sale).

spongebob

Originally posted by seedubya


Hope someone might have some thoughts.

seedubya
:mad: :mad:

You must track the seller down and tell them. They then have the evidence for a professional misconduct case against the estate agent. IMO the seller has a case and not you.

The agent sold it to a mate at the lower price, possibly for immediate resale, happens ALL the time.

go to the house and ask for the seller, or ask a neighbour who owns it and have a natter. Name the agent if the seller takes a case.

M