The practice known as "gazumping" occurs when a seller violates a commitment to a buyer and then moves ahead with a more significant offer. Unfortunately, this happens all the time. A scenario in which the buyer compels the seller to accept a lesser price may occur on occasion.
Gazundering occurs when a homebuyer, typically at the last minute, effectively lowers the price that they previously gave. In many cases, gazundering happens shortly before the exchange of contracts, when the seller has no option except to go through.
To help guide you through this, we’ve created this comprehensive guide for your review:
Can Gazundering Be Ever Justified?
There are certain situations when gazundering is allowed. People may have had the same experience with their home transaction, requiring them to reduce their purchase price to continue. It's uncommon, but it does happen.
Alternatively, the vendor may have been dishonest or withheld information regarding the property. These are often exposed during the surveying process.
In most cases, however, it is important to stress that it is unjustified and should be avoided. People having cold feet may cause gazundering. When purchasing a house, it's tempting to get caught up in the excitement of the moment and make a hasty choice.
The market may begin to fall, or other worries may arise, causing purchasers to reconsider their decision. However, although it's reasonable to be concerned, it's never fair to keep a seller waiting for no reason other than to lower the price.
In such cases, the ethical thing to do is to give the seller ample time to deal with the issue (before the conveyancing quotes process starts). They may then swiftly relist the property on the market, presumably without drawing the attention of other potential purchasers.
We've also heard of instances when the conveyancing procedure was not completed correctly by the attorney. As a result, the customer is ignorant of a potentially expensive problem and requests a reasonable reduction.
Helpful Tips to Dealing with Gazundering
It's nearly impossible for a bidder to pull out of a bidding war after the hammer falls on your house at auction due to gazundering.
For individuals selling their home through a real estate agent, the following property seller tips may come in handy:
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Consult with a Reputable Property Agent
Because the realtor is likely to have already met the buyer, it is advised that they take a proactive stance.
Anyone with little experience in the business can tell the difference between a serious buyer and one who isn't. Estate agents are responsible for gathering and relaying information regarding the buyer's stance to you.
Our fast selling service, for example, always verifies that the buyer has a mortgage offer in place. It’s also known as an agreement in principle. If you have any reservations, make sure you express them before you go any further.
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Consult with a Seasoned Legal Professional
Conveyancers who have been in the business for some time are well-versed in all of the trade tricks. People that are excellent at what they do will be able to talk to a buyer's legal counsel and know precisely what to do.
When a buyer acts in bad faith, they'll be able to cancel the transaction before it ever gets started. Bear in mind to verify the firm's registration with the Solicitors Regulation Authority (SRA) or the Law Society.
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Be Diligent in Asking for Regular Updates
A good estate agent and lawyers will keep you up to date on the sale's progress frequently. You're paying them to do this. Never be hesitant to go after them again.
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Design a Backup Plan
With so much interest in your home, it's essential to discuss with the agent about a backup plan in case things don't go as planned. Also, they may know of other purchasers who can step in if the situation calls for it.
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Ensure the Buyer’s Survey Completion
This will fix any issues that may have arisen and caused the buyer to have second thoughts about continuing with the sale. The earlier you begin the process, the better the outcome.
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Assign a Specific Date for the Sale to Avoid Confusion
The longer anything takes, the higher the risks. After you've completed the necessary property information forms, your lawyers should begin working on the contracts.
Meanwhile, ensure that the buyer has secured a financing offer so that you may establish precise exchange and completion dates. As long as everyone is on the same page, things generally go well.
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Respond with a Counter-Offer
Remember to bargain aggressively if you find yourself with your back against the wall and obliged to proceed with the transaction. You should never accept the first "gazundered" price that is offered to you.
Bear in mind that they would have spent a reasonable amount of money on surveys and legal representation. The majority want to sell as much as you do.
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Ensure Fair and Reasonable Price
The more reasonably your property is priced, the less likely you are to be gazundered.
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Be Cautious of Bids That Exceed the Asking Price
Be especially cautious if a buyer has made an offer that is higher than the asking amount. Of course, there's nothing to complain about, but be confident that they don't start lowering the price as the sale continues.
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Keep a Chain Sale from Happening
Selling to a chain-free customer offers benefits, even though it is sometimes unavoidable. They'll typically be eager to relocate and will have the funds in place to purchase your home on the agreed-upon date.
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Get Insurance for a Failed Residential Deal
Although residential abortive transaction insurance will not eliminate the difficulties and worry of being gazundered, it will cover your legal and mortgage expenses in such a scenario.
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Be Truthful and Don't Conceal Anything
If a buyer discovers previously unknown problems with the home, don't be shocked if things break apart. If you are not aware of any issues, you should know that the buyer may still seek a discount. Of course, the decision to continue or not is entirely yours.
Conclusion
The quick property selling business has seen many gazundering incidents. That's because companies in our industry are aware of the complexities of dealing with sellers in such circumstances.
A small number of companies use this information to lower their prices at the last minute. Although it is terrible, the practice is not considered illegal, which is why it’s likely that it will continue.
If the price of your home suddenly drops near completion, and you're not in a hurry to sell, we recommend that you back out of the deal. Even though you'll have to start over from scratch, you'll feel better knowing you did the right thing.
Our conveyancing fees calculator can offer you accurate and immediate online residential conveyancing quotes if you need assistance. Conveyancing Calculator is committed to providing you with direct quotes from SRA-regulated property solicitors or CLC-licensed conveyancers for moving house, buying, selling, or re-mortgaging a property. Use our calculator today!
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