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Estate Agents Act 1979 - Question regarding offers on property

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  • Estate Agents Act 1979 - Question regarding offers on property

    Purchased an apartment in April this year, a leasehold property that was in receivership and the receivers had instructed a national estate agency to sell the flats. The estate agent concerned took a show flat to use as a marketing suite and had a full time representative installed here.

    When I had a definite interest in one of the apartments, I asked the on site representative if I could make an offer based on the fact that I had already sold, the money was very much in the bank with no mortgage funding, and I wished to complete within one month. I was advised by the representative that the price 'is what it is' and offers cannot be made. Hence I agreed to go forward on the full asking price.

    I made a later enquiry, following completion, to the sales director at the regional office, regarding this and was told an offer had gone forward verbally, to the receivers, and had been declined. This was a completion fabrication as no offer was formally taken and certainly no advices were received that 'this offer' had been declined. There would have been very little point as I had agreed to the full asking price at the time that an offer had been discussed.

    We have now met several other owner occupiers in the block who had received the same message about no offers can be made.

    My question is can the on site representative refuse to accept an offer even if the vendor had specifically stated that prices were not negotiable? If a property is advertised as 'no offers', does that actually mean that someone who is a cash buyer, can complete within one month etc be denied the chance to negotiate a thousand or two due to his expediency? Surely an empty apartment that is accruing council tax, maintenance charges, utility charges etc must be considered for offers from a cash buyer who wants to occupy in one month?

    I do have suspicions that the selling in house representative may have been a tad autocratic here and been making her own decisions as to a 'no offer' basis possibly to maximise commissions.

    The whole issue is particularly frustrating bearing in mind the sales director's statement that a 'phantom offer' had in fact been received and declined, all apparently with zero reference to myself!
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  • #2
    Re: Estate Agents Act 1979 - Question regarding offers on property

    The basic answer is "Yes, the agency must give the vendor details of all offers received EXCEPT those which the vendor has instructed in writing need not be passed on eg those below a set level "

    Have you raised the question with the receivers?

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