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Irish Property Market chat II - *read mod note post #1 before posting*

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  • Registered Users Posts: 3,481 ✭✭✭Timing belt


    of course you can sue but where is your evidence? Or is it just a suspicion based on a gut feeling?

    The other bid could have been genuine and they pulled out when got outbid and bought a different house…. From what I can see it’s just a feeling without evidence to back it up so unlikely you would be successful in any legal action.



  • Registered Users Posts: 14,393 ✭✭✭✭markodaly


    of course you can sue but where is your evidence? Or is it just a suspicion based on a gut feeling?

    Exactly, there is little to no transparency in the process.

    Where are the PRSA?

    Do they audit their members?

    Spot checks?

    A nice number they have. They have the veneer of being regulated and paid as such, but they operate in darkness and the consumer is none the wiser.



  • Registered Users Posts: 14,393 ✭✭✭✭markodaly


    You are speaking in riddles now.

    You want it each and every way. You claim the industry is regulated, but then spout on about a free market. You go on about the 'choice' one has to engage and if they feel something is off, one can disengage, but you make a claim about regulation and oversight which appears to be null and void. So the consumer has little recourse anyway.



  • Registered Users Posts: 1,262 ✭✭✭The Student


    Okay I will indulge you. A free market allows for participants to enter and exit it freely. Regulation exists for those to utilise if they feel they have been treated unfairly. Perhaps you want over regulation rather than regulation?

    I will pose a question to you so. Can you give me an example of regulatory body that monitors each and every transaction (and acts accordingly without some form of "Whistle blowing" or compliant) in the sector they regulate where the products on offer differ so much and are not uniform in price nor can be.



  • Registered Users Posts: 539 ✭✭✭Equium


    We bought a 3-bed mid terrace house last November and ended up paying €40k over asking. It was at the edge of our budget and we felt that, for the size of the property, we were overpaying at the time.

    Fast-forward 7 months and one of our neighbours has just sold their house for €150k more than we bought for. Exact same house type and layout. Another house in the same row also sold for €100k more than our place. It's absolute madness at the moment.



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  • Registered Users Posts: 1,262 ✭✭✭The Student


    Selling a car that's clocked is misrepresentation which again I am sure you know that. If you purchase a car and the mileage is correct and your mechanic gives it the okay then your issue is with your mechanic. Similarly if an engineer does not find a major issue with a property which becomes apparent after you sue the engineer for negligence.



  • Registered Users Posts: 14,393 ✭✭✭✭markodaly


    I will pose a question to you so. Can you give me an example of regulatory body that monitors each and every transaction (and acts accordingly without some form of "Whistle blowing" or compliant) in the sector they regulate where the products on offer differ so much and are not uniform in price nor can be.

    Yes, the stock market for one.

    Insurance would be another.

    A free market allows for participants to enter and exit it freely. Regulation exists for those to utilise if they feel they have been treated unfairly. Perhaps you want over regulation rather than regulation?

    The only thing I would like is transparency in the process and the PRSA to audit their members accordingly. Is that too much to ask?



  • Registered Users Posts: 14,393 ✭✭✭✭markodaly


    Selling a car that's clocked is misrepresentation which again I am sure you know that. 

    If an EA deliberately underquotes the asking price of a property to manipulate a bidding war, wouldn't that also be misrepresentation? Or "FrEe MaRkEt"™



  • Registered Users Posts: 3,481 ✭✭✭Timing belt


    So possibly it is all genuine and above Board and your just assuming something underhanded took place



  • Registered Users Posts: 19,368 ✭✭✭✭Donald Trump


    Correct. It is (likely) misrepresentation. Which is why I used it as an example.

    Notwithstanding, there are specific provisions under consumer law specifically related to the sale of motor vehicles. Why do you think we need those? Or do you think they should be removed and the consumer can just depend on contract law or tort?

    Some protections apply to you if you buy from a trader in the course of their business, but not if you buy from another private party. Yet misrep is equally as valid in both cases. Why do you think they have extra protections for the professionals if they are superfluous?



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  • Registered Users Posts: 4,475 ✭✭✭tigger123


    It really isnt misrepresentation, it's just advertising/marketing.

    Pitch it low, get people in and make them bid against each other. It's horrible, but it's certainly not illegal.



  • Registered Users Posts: 1,262 ✭✭✭The Student


    Consumer law is there to protect consumers equally. Both the seller and buyer of a property are both consumers for the purpose of this transaction.

    Because the estate agent is exactly what their title describes. They are an agent of the seller they are not the seller. Ie the buyer and seller in this instance are both private treaty parties (irrespective if the purchasers or seller are a company or any other legal person that is not a natural person).



  • Registered Users Posts: 19,368 ✭✭✭✭Donald Trump


    In the exact same way that that agent selling you that investment product on commission for behalf of the issuer isn't subject to any regulation or rules I guess…………… Oh wait, is he? He can't be? No? Why on earth would that be?



  • Registered Users Posts: 1,262 ✭✭✭The Student


    Does the regulation cover if the investment does not work out?



  • Registered Users Posts: 19,368 ✭✭✭✭Donald Trump


    What regulation? Why any need for it at all? Sure if either party feels there is immoral/unethical activity then don't do business with thempure and simple .

    Is not the agent an agent of the seller they are not the seller. Ie the buyer and seller in this instance are both private treaty parties (irrespective if the purchasers or seller are a company or any other legal person that is not a natural person).

    What's your next strawman - "Does that include if the agent says it's forecasting good weather for the weekend but it rains on the Saturday?"

    There are no fundamental reasons why requirements or rules around EAs and their practices should not or could not be tightened up. Doing so would ultimately help the market.



  • Registered Users Posts: 14,393 ✭✭✭✭markodaly


    Well, given the same EA went beyond his remit in dictating what engineer I could and could not hire, its safe to say this EA operates beyond the rules.

    Its a pity though we don't have a transparent process to protect the consumer from potential under handed tactics.



  • Registered Users Posts: 14,393 ✭✭✭✭markodaly


    It really isnt misrepresentation, it's just advertising/marketing.

    Pitch it low, get people in and make them bid against each other. It's horrible, but it's certainly not illegal.

    So you do agree it's unethical behaviour from so-called professionals, but alas it isn't illegal so nothing can be done?

    This is why I posted yesterday, that it should be illegal, like it is in many other jurisdictions.



  • Registered Users Posts: 14,440 ✭✭✭✭Dav010


    How could he possibly dictate the engineer you hired, was it in the contract of sale?



  • Registered Users Posts: 14,393 ✭✭✭✭markodaly


    Consumer law is there to protect consumers equally. Both the seller and buyer of a property are both consumers for the purpose of this transaction.

    So what laws are there to protect buyers from underhanded tactics? Please be specific.

    Because the estate agent is exactly what their title describes. They are an agent of the seller they are not the seller. Ie the buyer and seller in this instance are both private treaty parties (irrespective if the purchasers or seller are a company or any other legal person that is not a natural person).

    In this transaction, the EA represents the vendor/seller.

    Who represents the buyer and what protections are offered to them, from the seller/vendor/EA?

    ..

    Perhaps the penny is slowly dropping.



  • Registered Users Posts: 14,393 ✭✭✭✭markodaly


    I told him what engineer I wanted to use. He is an engineer I used before and is very thorough at his job. So much so, many estate agents don't like him because he highlights 'too many problems' and the sale falls through often enough.

    He said, "There is no way XXXX is getting into this house, he is banned from my XXXX agency" to paraphrase.

    I was shocked tbh, but I didn't push back as I wasn't too in love with the house in the first place.

    I told a few people about what the EA said, people/relatives in the construction industry and they were furious an estate agent would say such a thing.

    Then the sale falls through and mysteriously the house is sold for 30k under my agreed price mere weeks later.

    Now, if you don't think the whole thing stinks, then you are a fool.



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  • Registered Users Posts: 4,475 ✭✭✭tigger123


    Not sure I'd call it unethical, it's just the way it happens. But it is horrible.

    The real problem is there's not enough housing, so people compete with each other. If there was less competition, the asking price would probably be more realistic.

    When we started to first look, we started viewing prices with the asking price at the max of our budget. We soon learned to price the bidding war into the process.

    I'd be wary about the Government doing anything about it. They don't seem to be able to touch anything in housing without pushing prices up.



  • Registered Users Posts: 1,196 ✭✭✭herbalplants


    You are manipulating his response. There is no contract of sale who dictates a specific engineer.

    You must be related to an estate agent or you are one 🤣

    Living the life



  • Registered Users Posts: 1,179 ✭✭✭DataDude


    I think people’s dislike for estate agents (probably because the market is so hot) is making a mountain out of molehill.

    Page 6 of the link below shows that, on average, estate agents do a pretty good job of pricing houses. When the market was falling fast, they priced too high as they couldn’t follow it down fast enough (maybe this was some evil sneaky strategy too?). When the market was stable they pretty much had the price perfect on average for about 5 years. When the market got hot, they couldn’t follow it up fast enough. When things stabilised last year, the asking prices caught up, the market has just moved away again.

    Asking prices tend to follow sale prices but with a lag (up and down), which again makes sense as in a rising market, by the time the house sells, it’s worth more than when they EA got the listing and agreed pricing with the client and vice versa in a falling market.

    Estate agents seem to anchor slightly more to longer term valuations so don’t capture the volatile short term movements immediately. That’s understandable and sensible. Theres also the slightly self fulfilling piece that when ‘everything starts going over asking’, people start looking at houses below the top end of their budget on the assumption the ones at the very top will also go over asking. Hence it makes total sense to not overshoot.

    Of all the problems out there. This definitely isn’t one of them.

    https://ww1.daft.ie/report/2024-Q2-houseprice-daftreport.pdf?d_rd=1



  • Registered Users Posts: 3,481 ✭✭✭Timing belt


    Forget about engineer let’s stick to your claim of there being a phantom bidder.

    Is it possible that this bidder did exactly the same as you and went with a different house? Or do you have even a shred of evidence to back up your claim of a phantom bidder.



  • Registered Users Posts: 341 ✭✭Gary_dunne


    EA are 100% pricing well below market price and as has been mentioned by a few posters it's both a sales and marketing tactic but also not good for the market.

    People saying "the market sets the price" so there's no point in any asking prices at all really.

    I think an issue is around the wording, if it was "Guide price" instead of "asking price" it changes it entirely. The word asking makes it sound like that is what the seller and EA are happy to accept when realistically they want more than that.

    House in Poppintree, asking price 375k, selling price 480k.

    House in Churchtown asking price 550k, selling price 660k.

    House in Swords asking price 395, selling price 505k.

    For just 3 examples, (1st hand knowledge) all 3 EA's stated they set the "asking price" deliberately low to get more interest in the hope of a large bidding war.

    This may be their job as getting the best price for their seller but it just all seems wrong.



  • Registered Users Posts: 14,393 ✭✭✭✭markodaly


    Not sure I'd call it unethical, it's just the way it happens. But it is horrible.

    It is horrible, but ethical..

    Hmmm..

    The real problem is there's not enough housing, so people compete with each other. If there was less competition, the asking price would probably be more realistic.

    Look, supply is the biggest issue here, but Estate Agents don't help their reputation by engaging in dirty tricks.

    We soon learned to price the bidding war into the process.

    That is the issue really. Bidding wars are actively encouraged by EAs. If they priced the property correctly the chances of them happening are reduced.



  • Registered Users Posts: 14,393 ✭✭✭✭markodaly


    I repeatedly told you that there is no concrete proof, but I also have no proof that there was an actual bidder either.

    Sure, the other bidder may have moved on, it can happen.

    But my issue is really about the process, the transparency or lack thereof, and very little consumer protection for the buyers.

    My experience is not unique by the way, and the snake-oil nature of the EA I was dealing with left a lot to be desired when it came to him being a so-called professional and acting as such in that capacity.

    Often when you trust your gut, you can't go wrong.



  • Registered Users Posts: 14,393 ✭✭✭✭markodaly


    For just 3 examples, (1st hand knowledge) all 3 EA's stated they set the "asking price" deliberately low to get more interest in the hope of a large bidding war.

    This may be their job as getting the best price for their seller but it just all seems wrong.

    100% it is wrong.

    Check out some of my links from yesterday as to why EA engage in this under-quoting.

    Its outright manipulation of buyers and the market, especially in such a tight market such as this.



  • Registered Users Posts: 4,475 ✭✭✭tigger123


    We looked for a long time, in different areas, and bid on a lot of houses. The asking price doesn't matter one bit. The market will dictate what the sale agreed price is.

    I'm no fans of EAs either. But they're not the problem.



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  • Registered Users Posts: 1,179 ✭✭✭DataDude


    You’re posting anecdotes, I posted the data covering all houses sold in Ireland.

    ‘Over a 12 year period the average sale price exceeded the asking price by 0.3%’

    That is pretty remarkable suggests EAs do not consistently underprice deliberately by a a large margin over long periods as some sort of underhand sales tactic. Currently in a slightly elevated market houses are selling on average 3.5% above asking. This doesn’t seem too extreme.

    The funny thing is if one 3 bed semi sold €100k over asking and the next day every EA in the area simultaneously increased the asking price of every house on their books by €100k they would be getting unbelievable abuse for opportunistic greed.



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