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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I offered for a house after it was sold at auction, its much

Customer Question

I offered for a house after it was sold at auction, its much more than vendor got before and he is very keen to accept my offer, withdraw from current auctioner/estate agent. he will have to pay a withdrawal fee, but I am not sure what are the concequences for me as a buyer, am i breaking law? can auctioner/estate agent take me to court?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
When did you first make an offer?
Customer: replied 3 years ago.


I placed my ofter after the auction, I was at work and couldnt make it to the auction, but was interested in the property at the right price.

Expert:  Stuart J replied 3 years ago.





If it didn't sell at auction and you made an offer after the auction which was
accepted by the Seller, then it was not an auction sale although the Seller may
be liable for some charge to the auctioneer.

I cannot see that you have any liability or that this should present any
problem to you as far as the auction house is concerned



Can I help further?



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Customer: replied 3 years ago.
Relist: Other.
there is no answer
Customer: replied 3 years ago.


Thats the thing, the property was sold at the auction, but i am prepared to pay more for it and the vendor is happy to accept my offer, which concequently means that the he has to pull out of the sale and go ahead with me, but i dont want to be dragged through courts after

Expert:  Stuart J replied 3 years ago.

 

I am afraid that this is not an instant service because we all have clients
and court and all users and travelling and evenings and weekends, so sometimes
you will get a response in minutes and sometimes it may be hours. An answer does take time to type.

 

The answer is above. here it is again.

If it didn't sell at auction and you made an offer after the auction which was
accepted by the Seller, then it was not an auction sale although the Seller may
be liable for some charge to the auctioneer.

I cannot see that you have any liability or that this should present any
problem to you as far as the auction house is concerned

 

Can I help further?

 

Please bear with me today and over any weekends because I will be online
and off-line.

Please don't forget to positively rate my answer service (even if it was not
what you wanted to hear) and I will follow up any further points you raise for
free.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask me for further info before rating me negatively otherwise I don't
get paid at all for my time and answer.

 

Customer: replied 3 years ago.


I have read online that it is illegal to offer for a property that was just sold at the auction. I am going to speak to auctioner first, but meanwhile where can I find more information on this subject? is there a sourse of legal information in regards to auction dos and donts? simply because I am most positive that auctioner/estate agent will be threatening me with legal actions. If threatens are empty and just to scary me away, I dont care, but if there is a law somwhere that states I will be prosecuted and fined for my actions, then I will not be buying this property, so it is a very important and corrrect information i am after.

Expert:  Stuart J replied 3 years ago.

I assumed it was offered and went through the sale but not actually sold. In which case, if it was knocked down on fall of the hammer, the seller is bound to sell to the buyer. It has nothing to do with you but the seller can be sued by the buyer.

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