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Offers Without Solictor


m4rk
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can i put an offer on a place not going through my solicitor but straight to the sellers solicitor? and then if the offer is accepted go to my solicitor for the rest of the legal mumbo jumbo?

Yes, but you'd be silly to do so unless you know exactly what you are doing with legal terminology, and insert the usual "get out of jail" clauses in the event something goes wrong with survey, funding, title, etc.

And it's not going to change anything anyway. It's not your solicitor thats causing rejection of your offers. It's the fact that your offers are too low.

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2 points

1/ Marc - stop creating additional threads for 1 question - stick it in the Aberdeen

2/ Marc - never submit with going through a solicitor in Scotland (ever!) - for one thing, if accepted it is legally binding.

Most Solicitors will offer "submitting offers" for free in the hope that you win one day.

Plus most of them have nothing to do just now.

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2 points

2/ Marc - never submit with going through a solicitor in Scotland (ever!) - for one thing, if accepted it is legally binding.

Most Solicitors will offer "submitting offers" for free in the hope that you win one day.

Plus most of them have nothing to do just now.

did you mean to put never submit without going through a solicitor.

what is the difference in the scottish system to the english system out of interest?

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did you mean to put never submit without going through a solicitor.

what is the difference in the scottish system to the english system out of interest?

Whew, where to start? Can we just summarise it as 'the laws are different here' and leave it at that?

Take a look at selling solicitors' schedules and you'll find many of them say something like;

"Offers must be submitted in Scottish legal form to ...."

"The seller's solcitor may give preference to offers using the (local) standard clauses .... "

Unless you know what's required here, it's tempting to say you need a Scottish solicitor.

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Mark, theres a lot of differences between the two systems, but the biggest, is that in scotland an offer is legally binding. If your solicitor doesn't put in the right clauses and exceptions, you could get in a lot of trouble, particularly if something goes wrong with your funding, or the house has a problem that comes up at survey.

Putting in offers yourself is a recipe for disaster, IMO. However, that is not to say that you cannot discuss price ranges directly with a seller.....

In many/most cases, you will meet the owner when you view the property. In my case, I viewed my current property several times before I put an offer in. By the time of the last viewing, I had gotten to know the owner well enough to be discussing the fact that I would be putting in an offer, but that it "wouldn't be a very high one".

Theres a lot you can learn from someones reactions to that sort of statement. Do they look interested anyway? Do they get offended? Do they suddenly get less enthusiastic about selling? You should by that point have figured out how many other people are viewing/interested in the property. Also why the owner is selling. Do they have time constraints, are they a forced seller, have they already comitted to moving by a certain date? All these things give you a good idea of their needs and motivation to sell, and how low an offer they are therefore likely to accept.

If you are lucky, you may find someone that only reads the national press, and therefore is thinking that values have already dipped by 20% or so, but doesn't realise that Aberdeen prices have only dipped by 3 or 4%. Mention this, see what their reaction is, if they don't correct you, they may not know.

Again, you can do all these things quite easily without exposing yourself to making an offer, and in any market conditions.

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1/ Marc - stop creating additional threads for 1 question - stick it in the Aberdeen

Marc please feel free to post separate topics in a new thread.

As I live nowhere near Aberdeen I have no interest in a long thread on what is going on in Aberdeen. I am interested in general Scottish threads like this one.

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Think outside the box people. So many smart cookies on this site but sorely lacking in common sense sometimes !! :lol:

Go direct to the sellers solictors. Ask them to ask their clients OPINION if an offer of "£xxxx" were made next week. As you MAY be interested in making that offer next week - but you don't want to waste your time if the answer will be a straight NO.

Await their reply. No legalites. No offers. No hassles with Laws. There is no Law against asking a simple question on an OPINION.

You get your answer and take it from there.

My fee for this advice is £500 Mark. Send a cheque thanks. ;)

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Go direct to the sellers solictors. Ask them to ask their clients OPINION if an offer of "£xxxx" were made next week. As you MAY be interested in making that offer next week - but you don't want to waste your time if the answer will be a straight NO.

Await their reply. No legalites. No offers. No hassles with Laws. There is no Law against asking a simple question on an OPINION.

And the standard answer will be, make the offer and the client will consider it. ;)

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Very good post. I had never thought of that - have tried the EA with no results. Thanks

No probs. Maybe I am lucky as I have never bought or sold before. So I am fortunate not ot have the usual preconceptions about what you 'should' and 'should not' do.

I can see Hamish is peed off he didn't come up with this plan. I would imagine the way the market is just now the chances of a 'non standard' very useful answer is far higher than normal.

If you don't ask you don't get. Let us know how it goes. ;)

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Think outside the box people. So many smart cookies on this site but sorely lacking in common sense sometimes !! :lol:

Go direct to the sellers solictors. Ask them to ask their clients OPINION if an offer of "£xxxx" were made next week. As you MAY be interested in making that offer next week - but you don't want to waste your time if the answer will be a straight NO.

Await their reply. No legalites. No offers. No hassles with Laws. There is no Law against asking a simple question on an OPINION.

You get your answer and take it from there.

My fee for this advice is £500 Mark. Send a cheque thanks. ;)

cheers ccc, good tactic to use. il pay you the £500 in a few years time btw. when £500 = a few loavs of bread. lol.

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Youll never get an answer from the seller solicitor...i bet the £500 m&s voucher on it...

Its not in their interests to giv you any information until they receive a formal offer.

You reckon ? These are not 'normal' times remember. It is in their interests to pass on ANY information that may end up with them getting a sale. A year ago they would have told you to sling your hook. I am sure even now many will do the same. However the smart ones will get you an 'informal' answer. Nothing ventured, nothing gained. Why wouldn't they ? A one minute phone call for a potential sale ?

You ask the question. The Solicitor tells you to make the offer or forget about it. You tell them you are not going to bother unless they ask informally. You leave your number. I would happily bet anyone that if the offer is something the sol thinks the vendor may accept - then a phone call will be made within 0.3 seconds.

As I said - I have no preconceptions about how this all works. I think at times like this that is a very good thing. Again if your informal offer is £45 for the place then I dont think it will be passed on !! However if it is remotely acceptable then I am sure it will be.

;)

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Youll never get an answer from the seller solicitor...i bet the £500 m&s voucher on it...

Its not in their interests to giv you any information until they receive a formal offer.

maybe not a year ago up here but funnyly enough cant remember which agent it was my friend was looking at some quite expensive houses 250k+ (big inheritance) ea came up to him, he asked about one at offers over 260k and that he would only put an offer in under the 260k and she said definitly worth doing :blink: may just be she knew that one needed a sale or was overpriced or whatever reason but it is happening, Ea's suggesting lower offers.

Edited by m4rk
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maybe not a year ago up here but funnyly enough cant remember which agent it was my friend was looking at some quite expensive houses 250k+ (big inheritance) ea came up to him, he asked about one at offers over 260k and that he would only put an offer in under the 260k and she said definitly worth doing :blink: may just be she knew that one needed a sale or was overpriced or whatever reason but it is happening, Ea's suggesting lower offers.

Of course EA's are up for anything !! The idea that they won't pass on an informal query is laughable IMO.

From recent reports and sales numbers it appears many Edinburgh EA's are selling one house every 6-8 weeks.. :o

Aye sure - if you ask them to pass on a question they won't do anything about it. :rolleyes:

Go for it M4rk. Play the game. If I was interested in buying right now it is all I would be doing. Until I got that interesting call from an EA with a rather desperate vendor...

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didnt even need to ask the ea about expected prices on one i seen tonight. the owner blurted out exactly waht they wanted for the place. in my budget and a good chunk off the asking price but sadly the property didnt have enough room to the side of it for something i want.

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didnt even need to ask the ea about expected prices on one i seen tonight. the owner blurted out exactly waht they wanted for the place. in my budget and a good chunk off the asking price but sadly the property didnt have enough room to the side of it for something i want.

Desperate times need desperate measures !!

Why don't you just do what I said earlier EN MASSE ?

Whilst offering pretty low prices ? Any EA that gets back to you clearly knows the vendor will seriously consider the offer...

Win win situation. Careful with the wording remember !!

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Mark, theres a lot of differences between the two systems, but the biggest, is that in scotland an offer is legally binding

no it isn't. it is an offer, not a contract. it still requires to be met by a written acceptance which will usually contain some conditions such as removing the survey clause, removing the time limit, possibly referring to alterations etc. this is then seen as a 'counter offer' and requires to be met by a further written acceptance by the buyer which, if unconditional, concludes the contract. if the buyer's further acceptance contains more conditions then this is another counter offer and needs another written acceptance from the seller.. and so on.

the buyer or seller can walk away with no penalties up until the final unconditional acceptance is received. might have some legal expenses of course, but they nor any other costs can be recovered from the other side in this circumstance.

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no it isn't. it is an offer, not a contract. it still requires to be met by a written acceptance which will usually contain some conditions such as removing the survey clause, removing the time limit, possibly referring to alterations etc. this is then seen as a 'counter offer' and requires to be met by a further written acceptance by the buyer which, if unconditional, concludes the contract. if the buyer's further acceptance contains more conditions then this is another counter offer and needs another written acceptance from the seller.. and so on.

the buyer or seller can walk away with no penalties up until the final unconditional acceptance is received. might have some legal expenses of course, but they nor any other costs can be recovered from the other side in this circumstance.

Which only proves my point. ;)

If you make an offer yourself without using a solicitor, and don't know how to put in all the usual "subject to" clauses, which the vendor then accepts, it is binding.

If you don't know precisely the correct legal terminology and phrasing, use a solicitor.

A solicitor will generally not charge you anything extra for putting in multiple offers anyway, so theres no reason not to. (Unless they are getting frustrated with you and start charging because the offers you are putting in are in fairyland, and obviously will never be accepted)

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Which only proves my point. ;)

If you make an offer yourself without using a solicitor, and don't know how to put in all the usual "subject to" clauses, which the vendor then accepts, it is binding.

If you don't know precisely the correct legal terminology and phrasing, use a solicitor.

A solicitor will generally not charge you anything extra for putting in multiple offers anyway, so theres no reason not to. (Unless they are getting frustrated with you and start charging because the offers you are putting in are in fairyland, and obviously will never be accepted)

Which is why you should use my plan. Don't make an offer. Ask for an opinion if a certain offer is made. Sorted. Do it for 10 places that interest you. The ones that come back are DEFINITELY up for some negotiation.

Find the desperados. ;)

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Which only proves my point. ;)

If you make an offer yourself without using a solicitor, and don't know how to put in all the usual "subject to" clauses, which the vendor then accepts, it is binding.

If you don't know precisely the correct legal terminology and phrasing, use a solicitor.

A solicitor will generally not charge you anything extra for putting in multiple offers anyway, so theres no reason not to. (Unless they are getting frustrated with you and start charging because the offers you are putting in are in fairyland, and obviously will never be accepted)

You can't make a formal written offer without a solicitor. Solicitors are the only agents authorised to conclude contracts for the purchase of property in Scotland. If you put in your own written offer to an estate agent they'd tell you to have it re-done by a solicitor. They may well say 'yes. we accept the terms of your offer' but that doesn't make it binding (perhaps morally binding?).

So, have no fear about submitting informal offers to an estate agent - especially verbally, since heritable property cannot be bought or sold by verbal contract in Scotland.

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