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Vincent2013
Vincent2013, JustAnswer Expert
Category: Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
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My Son put an offer in for a house and was told it was accepted

Customer Question

My Son put an offer in for a house and was told it was accepted subject to them getting a Mortgage. This was arranged within 24 hours only to be told another party had put in a better offer. My Son then upped his offer but was told it was too late as the vendor had accepted the other buyers offer.
They accepted this and although disappointed went to look at other properties.
However yesterday they received a letter from the estate agent dated 11/02/14 to say their offer had been accepted and was in the hands of the solicitor? He has phoned the Estate Agent who told him that the letter wasn't meant for him but the other party and there was little he could do about it??

They really wanted this house as it is ideal for their needs so you can imagine the upset this has caused. Can you please advise us what to do next if we can
Submitted: 2 years ago.
Category: Law
Expert:  Vincent2013 replied 2 years ago.

Hi, thanks for your question. My name's XXXXX XXXXX I'm going to assist you with it.

 

Regrettably, in the absence of a lock-out agreement (pursuant to which the seller will not consider other offers during a specified period), the only remedy in situations such as this is to outbid the other party.

 

Under English law, all contracts transferring property must be in writing, which generally means that the agreement only becomes binding on exchange (although there are certain exceptions to this, such as public auctions).

 

For more information, please find below a link to guidance provided by CAB which includes a section on this issue.

 

http://www.adviceguide.org.uk/england/housing_e/housing_moving_and_improving_your_home_e/problems_with_buying_and_selling_a_home.htm

 

I'm sorry if this was not the information you were hoping for and please do let me know if I can clarify anything.

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