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Can someone keep putting house on market when not selling?

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  • 17-04-2019 5:09pm
    #1
    shelly24
    Registered Users Posts: 77 ✭✭


    I know there’s probably nothing to be done but last summer we put our house on the market, we went sale agreed and then found our dream house, we came in at the end of the bidding and made an offer which was accepted.
    We paid our deposit and things seemed to progress well, we signed contracts on our house that we were selling and had a date to move in to the house we were buying then suddenly the owner changed her mind leaving us devastated. We had kids who met the neighbours and had their bedrooms picked out and so on so it was pretty upsetting.
    We then found out she’d done the same thing the year before to another couple and then yesterday I see the house back up again- do people not realise when they accept an offer and then pull out it can really mess people around?! There should be some penalty for doing that with no reason


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    #2
    is_that_so
    Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    Found this, which might clarify.

    Until the sale is complete and contracts have been exchanged nothing is contractually binding for either parties. At this point either party can walk away with no penalties. It also means that both parties can still negotiate price at this stage, depending on results from the survey and valuation.

    From here

    http://keanethompson.ie/sale-agreed-mean/


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    #3
    A Law
    Registered Users Posts: 878 ✭✭✭A Law


    If you had the contracts signed to sell does that mean you ended up selling? Selling and buying sounds like a nightmare from the stories you read here.


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    #4
    TheShow
    Registered Users Posts: 1,157 ✭✭✭TheShow


    shelly24 wrote: »
    I know there’s probably nothing to be done but last summer we put our house on the market, we went sale agreed and then found our dream house, we came in at the end of the bidding and made an offer which was accepted.
    We paid our deposit and things seemed to progress well, we signed contracts on our house that we were selling and had a date to move in to the house we were buying then suddenly the owner changed her mind leaving us devastated. We had kids who met the neighbours and had their bedrooms picked out and so on so it was pretty upsetting.
    We then found out she’d done the same thing the year before to another couple and then yesterday I see the house back up again- do people not realise when they accept an offer and then pull out it can really mess people around?! There should be some penalty for doing that with no reason

    Until irrevocable contracts are signed, the sale is not valid. Sales agreed is only an expression to agree terms.
    Pain in the aras, but thats the way it works. If she backs out after contracts are signed then you can sue for breach of contract.


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    #5
    shelly24
    Registered Users Posts: 77 ✭✭shelly24


    Yes we signed contracts and had to sell our house.
    I know she can keep doing it but morally it’s so wrong.
    You’d wonder if she’s in some sort of trouble with her mortgage and has to be seen as trying to sell the house?


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    #6
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,204 Mod ✭✭✭✭godtabh


    shelly24 wrote: »
    Yes we signed contracts and had to sell our house.
    I know she can keep doing it but morally it’s so wrong.
    You’d wonder if she’s in some sort of trouble with her mortgage and has to be seen as trying to sell the house?

    How is it morally wrong? You jumped the gun with the kids picking bedrooms etc. Lesson learned


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    #7
    bleary
    Registered Users Posts: 495 ✭✭bleary


    godtabh wrote: »
    How is it morally wrong? You jumped the gun with the kids picking bedrooms etc. Lesson learned

    Putting it up for sale twice, agreeing to sell it to someone for a price then pulling out twice is morally wrong. The first time they might not have realised what was involved. The second time is unforgivable .
    Does the ea know that they are probably wasting their time?


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    #8
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,643 Mod ✭✭✭✭L1011


    bleary wrote: »
    Does the ea know that they are probably wasting their time?

    I would imagine they will have had to pay the EA advertising fees at very least both times. Unlikely to be the same EA!


    If at all possible, people need to avoid "falling in love" or whatever other term you may use with a house that is not guaranteed to be yours. A sale can collapse for many, many different reasons - there are posters on here that have multiple purchases collapse through no fault of their own and other posters that have lost out due to hitches on their own side that caused delays. You never have a full picture of both sides (sometimes not even on your own) to know if this can happen.


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    #9
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,204 Mod ✭✭✭✭godtabh


    bleary wrote: »
    Putting it up for sale twice, agreeing to sell it to someone for a price then pulling out twice is morally wrong. The first time they might not have realised what was involved. The second time is unforgivable .
    Does the ea know that they are probably wasting their time?

    A quick google would have highlighted that quickly.


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    #10
    antiskeptic
    Registered Users Posts: 9,555 ✭✭✭antiskeptic


    godtabh wrote: »
    How is it morally wrong? You jumped the gun with the kids picking bedrooms etc. Lesson learned

    It's morally wrong because dragging people to the point where they actually sign contracts for the sale of their home.. and the pulling out is .. well, morally wrong.

    The point of signing contracts is the legal point of no return. The moral point of no return occurs earlier - when your actions begin having manifest consequences on other people.

    Do you think not turning up on the day of your wedding is morally wrong? Would you say "tough" to the other party simply because you hadn't engaged in a legal contract and they had, as a consequence of having no legal contract "jumped the gun"?


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    #11
    Dav010
    Registered Users Posts: 14,003 ✭✭✭✭Dav010


    antiskeptic wrote: »
    It's morally wrong because dragging people to the point where they actually sign contracts for the sale of their home.. and the pulling out is .. well, morally wrong.

    The point of signing contracts is the legal point of no return. The moral point of no return occurs earlier - when your actions begin having manifest consequences on other people.

    Do you think not turning up on the day of your wedding is morally wrong? Would you say "tough" to the other party simply because you hadn't engaged in a legal contract and they had, as a consequence of having no legal contract "jumped the gun"?

    You make a very good point, except for one very important point, the decision to marry is based on emotion, buying a house on the other hand is a business transaction. I know you get a little emotional about a new house, but it is really not wise to become attached until the legal part is signed. It’s a crap thing to do surely, and if there is such a thing as karma you would hope no EA will touch it now and the owner will get far less the next time, but remember, buyers pull out all the time as well, it happens, it’s not illegal and there rightly is no penalty in the absence of a signed contract.

    I feel sorry for you op, but the owner can do this as often as they like, it’s possible there was a hitch in the plans they had to move.


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    #12
    Kidkinobe
    Site Banned Posts: 160 ✭✭Kidkinobe


    can you post a link to the house please, I will offer double what they are asking and then pull the pin before the sale is completed..


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    #13
    dudara
    Registered Users Posts: 33,519 ✭✭✭✭dudara


    If I read it correctly, you had gone sale agreed on your current house, and only then found this other house. So you were already planning to move.

    I have sympathy, but this story (for me) only highlights the need to be prudent and take a risk-based approach to property transactions, and not to get emotionally invested.


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    #14
    uck51js9zml2yt
    Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    We sold and bought last year. My kids didn't see inside the house until contracts were signed.


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    #15
    averagejoe123
    Registered Users Posts: 270 ✭✭averagejoe123


    Milana Fresh Crosswalk wrote: »
    We sold and bought last year. My kids didn't see inside the house until contracts were signed.

    Well aren't you fantastic!

    Some people have no other choice than to take kids to viewings


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    #16
    JJJackal
    Registered Users Posts: 1,016 ✭✭✭JJJackal


    shelly24 wrote: »
    I know there’s probably nothing to be done but last summer we put our house on the market, we went sale agreed and then found our dream house, we came in at the end of the bidding and made an offer which was accepted.
    We paid our deposit and things seemed to progress well, we signed contracts on our house that we were selling and had a date to move in to the house we were buying then suddenly the owner changed her mind leaving us devastated. We had kids who met the neighbours and had their bedrooms picked out and so on so it was pretty upsetting.
    We then found out she’d done the same thing the year before to another couple and then yesterday I see the house back up again- do people not realise when they accept an offer and then pull out it can really mess people around?! There should be some penalty for doing that with no reason

    Same thing happened to us - although I don't see the house for sale for a third time yet. He pulled out after we had signed on the day we were due to get the keys


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    #17
    uck51js9zml2yt
    Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    averagejoe123 wrote: »
    Well aren't you fantastic!

    Some people have no other choice than to take kids to viewings

    I left mine in the car after spending more time trying to control them than looking at the house.

    I again had no choice but to bring them.


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    #18
    shelly24
    Registered Users Posts: 77 ✭✭shelly24


    Interesting replies!
    We only brought the kids well after we paid deposit, had survey completed and had even arranged a deal with the lady about which furniture we could take, we didn’t expect it to go wrong at that point.
    It’s the same estate agent this time as it was the last time but I’m not sure if it’s the same one as the first time.
    This is the 3rd time by the way not second, she’s really screwing with people


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    #19
    shelly24
    Registered Users Posts: 77 ✭✭shelly24


    Kidkinobe wrote: »
    can you post a link to the house please, I will offer double what they are asking and then pull the pin before the sale is completed..

    I tried to pm you but can’t for some reason


  • Options
    #20
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Mod Note

    shelly24, any more discussion along those lines will result in a forum ban. There will be no warnings.


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    #21
    Caranica
    Registered Users Posts: 10,001 ✭✭✭✭Caranica


    shelly24 wrote: »
    I tried to pm you but can’t for some reason

    They're banned ;)


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    #22
    whiskeyman
    Registered Users Posts: 12,564 ✭✭✭✭whiskeyman


    antiskeptic wrote: »
    It's morally wrong because

    Very few morals in the property market.
    Never assume anything until contracts signed.
    Even then, I never trusted it until got the keys and was in the door!
    I'm surprised the OPs solicitor advised in signing their sale before their own purchase contracts were lined up?

    Hope you have a better time next.


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