Phantom Bidder strikes again

D3PO

LK_Dave wrote: »

Ask the EA (in email or fax) for a litter stating the sequence of the bids and stating there was another bidder. If it turns out that there was a phantom bidder, you can sue the ass off the EA – although it will be hard to prove.
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No you cant. No idea where your getting this from, besides which you would never be able to prove it one way or the other

Dymo

LK_Dave wrote: »

First off, your solicitor received contracts from the vendors. They can’t sell this property to another person until the unsigned contracts are returned to them (I’m guessing that your solicitor did not let you sign the contract until the engineers report came back). I have had this issue before but you should check with your solicitor that this is still the case. So do not feel that the vendor can put pressure on you.

Where did you get this information?, its easy to print another contract and it often happened that sellers would say first signed contracts returned would get the house. Its only when the seller signed the contract that it's a valid sale.

LK_Dave wrote: »

Ask the EA (in email or fax) for a litter stating the sequence of the bids and stating there was another bidder. If it turns out that there was a phantom bidder, you can sue the ass off the EA – although it will be hard to prove.
Good luck and more power to you.

The information given here is hilarious, there's a reason why you always see "For Sale By Private Treaty", because the seller of the house have a right to privacy and they don't want all and sundry knowing there business. The estate agent works for the seller not the buyer, the option is always there to employ your own agent.

Damie

tradtshirt wrote: »

No update. I've left the 295 offer with them and gave them until friday. Will walk away after that, and rent till next spring.

The House is in rural wicklow btw.

I hope it all works out for you but to be honest, I would keep my powder dry and wait till spring, all the best

LK_Dave

Dymo wrote: »

Where did you get this information?, its easy to print another contract and it often happened that sellers would say first signed contracts returned would get the house. Its only when the seller signed the contract that it's a valid sale.

Why do you think contracts are exchanged between the solicitors and not the vendor/purchaser?

The vender could in the meantime go to another solicitor and have a contract sent to a different perspective client but in doing so leaves him/herself open to being sued. No solicitor in their right mind would simultaneously issue multiple contracts for the same property.

The information given here is hilarious, there's a reason why you always see "For Sale By Private Treaty", because the seller of the house have a right to privacy and they don't want all and sundry knowing there business. The estate agent works for the seller not the buyer, the option is always there to employ your own agent.

Why is this so hilarious? If it is so hilarious why do EA's require professional indemnity insurance? I did say it would be hard to prove.

Colonel Sanders

tradtshirt wrote: »

OK so i know i'm mad to buy a gaff at the moment etc.
but i spotted a gaff 6 weeks ago for €350k, and after viewing was told there was a bid of 300.

This would have been the end of the conversation if I'd been in your shoes as it was quite obvious what was gonna come next

Damie

Any update on this?

tradtshirt

Damie wrote: »

Any update on this?

They offered it to me for 300k, but I walked away in the end.

It has gone sale agreed now (for an undisclosed amount > 295k, probably 296!) - je ne regret rien.

The house had plenty of headaches coming down the line according to my rather expensive survey. And I felt I was being messed around by the EA - not that this is unusual as I am quickly learning.

As it happens 2 days after I pulled out, another house (bigger, brighter, more modern, better view) just 300 yards away came on the market for similar money.

Just goes to show - there will always be another house!!!

Dymo

Well done for walking away, at least that way you can have a clear concience and somebody else who wanted it more has the house. It seems greed from sellers still hasn't changed and your right there's always another house it's just the messing and survey you paid for that would leave a sour taste if it was me.

I'd hit them with an offer of 250, advising them if they get an offer over that they should break an arm taking it and that you will give them until the end of the week to accept your offer. Its a buyers market, use it to your advantage.

They obviously did

Jo King

LK_Dave wrote: »

Why do you think contracts are exchanged between the solicitors and not the vendor/purchaser?

The vender could in the meantime go to another solicitor and have a contract sent to a different perspective client but in doing so leaves him/herself open to being sued. No solicitor in their right mind would simultaneously issue multiple contracts for the same property.

Contracts are exchanged between vendor and purchaser. They usually have solicitors acting as agents for them. Issuing a contract has no legal significance.
Under the Statute of Frauds the purchaser needs the signature of the vendor before he can sue on a contract. A solicitor can issue as many contracts as he likes. Provided only one is signed there will be nothing to worry about. It is far from unknown for the Purchaser to sign a contract and for the vendor to refuse to sign. The purchaser generally has no recourse.

Damie

tradtshirt wrote: »

They offered it to me for 300k, but I walked away in the end.

It has gone sale agreed now (for an undisclosed amount > 295k, probably 296!) - je ne regret rien.

The house had plenty of headaches coming down the line according to my rather expensive survey. And I felt I was being messed around by the EA - not that this is unusual as I am quickly learning.

As it happens 2 days after I pulled out, another house (bigger, brighter, more modern, better view) just 300 yards away came on the market for similar money.

Just goes to show - there will always be another house!!!

That expensive survery will probably save you thousands and more importantly, several nights sleep....all the best with the new conquest

Damie

Dymo wrote: »

Well done for walking away, at least that way you can have a clear concience and somebody else who wanted it more has the house. It seems greed from sellers still hasn't changed and your right there's always another house it's just the messing and survey you paid for that would leave a sour taste if it was me.



They obviously did

I'd would put a tenner(big spender:p) on that house going back on the market in a month