"We went on sale agreed, then reduced our offer. The agent put it back on the market "



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We went on sale agreed on a property in Dublin. The report from the building expert highlighted electricity problems and recommended to reconnect the house. We reduced our offer on the house and this was not accepted by the agent / seller. The agent immediately put the house back on the market without even trying to negotiate with us. We think we have no choice but to look for other houses, but we prefer the one we went to sell with. What is the best way to initiate a dialogue with the agent and the supplier, because we believe that there is still room for negotiation?

The selling agent, acting on behalf of the seller, has the responsibility towards the seller to conclude the best possible sales contract. When the buyer's investigator finds that a property needs to be rewired, a copy of the relevant part of this survey can be shown to the agent, along with a quote from a qualified electrician for cost verification. Then the agent can return to the seller and can often mediate between the seller and the buyer in order to reach an agreement, such as splitting the cost of the required work.

However, it may also happen that the agent, who generally knows more about the seller's situation, was informed by the seller at the beginning or at the agreed stage of selling the minimum acceptable price, regardless of the type of seller. price. result of a subsequent investigation.

In such cases, if the agent, after returning to his client with the results of the investigation, is still instructed not to renegotiate, then he is out of the agent's jurisdiction and the agent does not have the power to renegotiate the price. If asked by the seller, the property will be put back on the market.

Treatment against woodworms

I know of a similar case where a price had been agreed recently. From the beginning, the sales agent informed the buyer, at the request of the seller, that there would be no renegotiation of the price, regardless of the results of the sale. ;investigation. After the survey, the buyers returned to the agent, insisting that the vendor process woodworms.

The costs involved were by no means substantial, but the seller complied with the original agreement and considered the buyer's request as a "modification of the objectives" of the agreement. The seller then asked the agent to put the property up for sale immediately, after which he resold the property to another buyer at the same price. If the original buyers had adhered to the initial "non-renegotiation" contract indicated at the point of sale upon acceptance of the sale, they would then have succeeded in making their home purchase offer.

Generally, in many cases where an investigation reveals problems to be solved, the agent may act as a mediator between the seller and the buyer, as indicated, but in the seller's interest. The agent must always follow the supplier's instructions, provided that these instructions are reasonable.

Roger Berkeley is a licensed residential surveyor and a member of the Society of Chartered Surveyors Ireland, scsi.ie

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