With reports of between 10 and 20
buyers for each house in the south of England it's not surprising that
gazumping (outbidding rivals at the last minute) has returned.
Gazumping is a horror that estate agents are powerless
to stop. Under the Estate Agency Act they are obliged to pass on all
offers received, although a determined buyer will probably go straight
to the seller to make a last minute offer anyway.
So if you're a buyer, what can you do to avoid being
gazumped? Well the most obvious solution is to take advantage of the
new insurance schemes. There are some mortgage companies who will offer
the buyer insurance against gazumping, on the proviso that you take
out your insurance before you instruct your solicitor. Then if you are
gazumped, you can be refunded the cost of your various fees - legal,
survey and management lending charges. In particular markets these schemes
look very attractive.
More traditional methods of protecting yourself against
gazumping include offering the full asking price and then requesting
the property be removed from the market. However, this method is not
100% effective if someone offers more than you and therefore you should
always establish your credentials as a buyer: i.e. prove that you have
the money and that you can move fast. Be flexible with the vendor and
don't quibble about minor points. In fact, it's worth being nice to
the seller in general. If you've established some kind of relationship
with them it's always harder for them to let you down.
"Lawpack"
the legal form maker now produce a form to protect against Gazumping.
They describe it as "A form of contract between a buyer and seller
of a property, that prevents the seller from dealing with other prospective
buyers during an 'exclusivity period', thereby protecting the buyer
from being gazumped during this period. It does not bind the seller
to sell the property nor the buyer to buy the property. After the exclusivity
period expires the seller is free to deal with other prospective buyers."
As well as transit insurance, some removal companies
offer additional insurance (i.e. Careline and the Removal Protection
Bond) to cover problems such as late completion, damages to the property
within the first few days of you moving in, like burst pipes, etc and
legal complications.
Can you imagine moving from London to Scotland and your
car breaks down half way up there? Or not being able to move in until
Monday morning, after the weekend? Well, removal companies can and that
is why many of them offer extra insurance to cover this. Please speak
to your removal or shipping company about this when you contact them.