Exactly, this person should leave a note in the letterbox or just post them a letter with contact details explaining what has happened. I wouldnt bother going the legal route with emails to the agent
if they are a reputable agent they should have done it anyways, it doesn’t matter if you only offered a tenner. Their job is to inform their client, the client can then say ‘no’ which it seems they well may do but they should still tell them. its like a solicitor not telling their client if the other side offered to settle for a certain amount that was very low. I don’t know what tenet says they have to inform the client but only for ‘reasonable offers’ which is what the response in the paper says, to me it just says that the EA didn’t take you seriously and thats more their problem than yours.
Well, if the vendor doesn’t say “no”, then they may be over stretching their duties as an AGENT
I’ve had this “debate” with EAs on this very site. They seem to have an unorthodox definition of the term “agent” which allows them full discretion without any explicit mandate from their principal.
“Reject all offers of €X less than the guide price” would be an explicit mandate that the above EA may have been given.
And writing directly to the vendor won’t change that.
In all reality, vendors regularly ring to ask if there’s any news (unless you’ve been speaking to them first) and in the current climate an EA is not going to say “No interest at all there sir” when in fact he has an offer, albeit less than the guide. So the vendor may be aware of the offer, but hasn’t explicitly responded.
To the best of my knowledge (and as I am unable to quote the actual act I will stand corrected if I’m wrong), Estate Agents in Ireland are legally obliged to pass on every offer to the vendor.
Now, some EA’s consider each offer must be “Reasonable” before informing the vendor, and others only prices above a direction from the vendor. I’m not sure the act allows for this filtering (again, as I don’t have the text I can’t confirm).
Similarly, it is/was this legal obligation has been used by EA’s as a justification of Gazumping, “Sorry Guv, we had no choice, we had to tell after sale agreed that a higher offer came in”.
Remind the EA of their legal obligation. Also, if they are a member of a “professional” body they should be displaying their membership certification in their office, if not, ask to see it and then contact the body.
If an agent told me they were acting under instruction not to pass offers under €X I have no problem. Just that the agent doesn’t appear to have said that, have they.
EAs have had very very slppy training in Ireland over hte last number of years. MOre evidence in your reply. Vendors shouldn’t be calling agents for updates, Agents should be reporting to vendors.
If have sold three houses. In any of those cases had an agent taken the liberty to withhold any information I would have fired them. As a seller I was always willing to hear of any offer at all.
I’d go directly to the owner, you owe the EA nothing. Cut him out of the loop. You could be knocking off his comission saving the seller 1.5 %. I cant see the EA suing anyone for his commission, he had his chance. You have nothing to loose, knock on his door, you might begin realistic negoiations. In fairness EA’s bring nothing to the table except advertising on their sites and myhome.ie . They have had it far to easy for far too long. Good luck
People who do not engage in realestate transactions on a regular basis or who are selling their personal residences tend to take “offers” a little more personal than you might think. 'My home is my castle" is a powerfull sentiment and when they see a low ball offer they take offence (IMO unneccesarly so). However it would be foolish in these market conditions not to review all offers.
eg.
A friend of mine got an offer on a house he had for sale a few years back. The offer was a whopping 100k (10%) less than asking price. He was pissed and discarded the offer.
Long story short he sold that house a year later for 110k less than asking price.(plus the cost of servicing the loan for the extra year)l
You could reasonably assume that the original offer would negociate upward to perhaps 60k less than asking. So the lesson learnt is this:
View all offers brought to the table and counter as required.
Any agent handelling my property is instructed to bring all offers to me however “low ball’ish” they appear to be.
Any agent having a problem with this will not get my business.
Yes, but if an agent told you that, he’d be revealing information about how low the seller might be prepared to go. This is hardly acting in the seller’s interest.