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Gazumping and sealed bids

Find out what gazumping is and how to avoid it, plus how to increase your chances of having your offer accepted in a sealed bid or 'best and final' offer situation.

In this article
What is gazumping? Video: gazumping explained Is gazumping illegal? How to reduce your chances of being gazumped Exclusivity agreements
What to do if you’re gazumped House-bidding: sealed bids 'Best and final' offers What to do if your bid is rejected

    What is gazumping?

    Gazumping is when a seller accepts your offer on a property but then backs out after accepting a higher offer from a different buyer.

    It's most common in areas where demand for property outstrips supply and multiple buyers compete for the same home, even after an offer has been accepted. 

    When you're gazumped, you not only lose the house or flat but also any money spent on searches, surveys, solicitors' fees and mortgage applications.

     

     

    Video: gazumping explained

    Find out how gazumping works in our short video below. 

    Is gazumping illegal?

    Gazumping isn't illegal in most parts of the UK, as nothing is binding until contracts have been exchanged. The seller (also known as the vendor) is free to change their mind and pull out of the deal at any point before exchange – as are you, the buyer.

    (The situation is different in Scotland - check out our guide to buying a property in Scotland to find out why.)

    Estate agents are legally obliged to pass all offers they receive on to the seller. This means if someone makes an offer on the property, the agent has to let the seller know, even if a different offer has already been accepted.

    How to reduce your chances of being gazumped

    Gazumping was the reason for around one in five (19% of) failed property transactions in the last three months of 2018, according to Quick Move Now.

    Unfortunately, there's no sure fire way to avoid being gazumped, but if you follow these steps you can make it less likely to happen to you.

    Before you make an offer...

    • Present yourself in the best possible light so the vendor knows you're able to proceed quickly and aren't likely to pull out of the purchase (our guide on making an offer is packed with tips on this)
    • Consider getting a mortgage agreement 'in principle' – this will reassure the seller and the agent that you can borrow enough to buy the property.
    • If you're selling, secure an offer on your current home before making an offer on a new one so that the vendor knows you're ready to proceed.

    When you make your offer...

    • Tell the estate agent that your offer is subject to the house being taken off the market, with no more viewings conducted.
    • Ask the agent to change the online listing and 'for sale' board to say 'under offer' or 'sold subject to contract'.

    While the agent and vendor aren't legally obliged to do either of these things, you should question their reasons if they refuse – it could indicate that the vendor is holding out hope for more money.

    After your offer is accepted...

    • Keep chasing things up with your solicitor or conveyancer and the agent, and make sure you read, sign and return forms and paperwork as promptly as possible.
    • Be nice: if you keep relations with the seller friendly and constructive they may be more likely to turn down an alternative offer.
    • Consider drawing up a contract that says both parties will exchange within a particular timeframe. This reduces, but doesn't eradicate, the chance of being gazumped, as there will be a smaller window for another offer to be made. Your contract could also stipulate that, if the vendor backs out, they will pay you an agreed amount as compensation.

    Find out more: the process of buying a house

    Exclusivity agreements

    In highly competitive markets – or when you’re desperate to secure a property – you might consider drawing up an exclusivity agreement. Under these contracts, you pay the seller a fee in exchange for sole rights to negotiate over the house for a set number of weeks.

    You'll need a solicitor to do this for you, and it can get fairly complex. Even with an agreement in place, there is a small risk that the seller will simply delay completion until the exclusivity period is up, then walk away from the deal and sell to another buyer, though this is unusual.

    There are also a number of specialist insurance providers that cover loss of fees, including conveyancing, survey, valuation and mortgage fees. You should read the policy wording carefully as there are always exclusions and limits to any cover.

    What to do if you’re gazumped

    If you hear from the estate agent that another buyer has made a higher offer, all may not be lost.

    Often, it can help to highlight anything you have in your favour – for example, if you're chain-free (eg a first-time buyer with no other property to sell) or a cash buyer who doesn't need a mortgage. Time is more important than money for some vendors, and if sticking with you is likely to mean that the sale completes more quickly, they may well do so.

    If this doesn't work and you still want the property, you could consider increasing your offer to match or beat the new buyer. However, you shouldn’t feel pressured into paying more than you can afford, more than the property is worth or more than the mortgage lender has offered you. Even if you miss out this time, you’ll be better off holding out for a new home that’s within your budget.

    Besides, there's no guarantee that the other buyer will actually go through with their purchase. Keep in touch with the agent so that they can let you know if the sale falls through.

    House-bidding: sealed bids

    If more than one person makes an offer on a property, the estate agent will sometimes ask all interested buyers to submit a bid in a sealed envelope by a set date.

    This can be daunting, but it isn't legally binding: either party could potentially still back out at any point before contracts are exchanged.

    How to make a sealed bid

    It can be a difficult balancing act to decide how much to offer in a sealed bid: you don't want to over-pay but you also don't want to lose out.

    You need to be realistic about the property's value, because if you pay over the odds, you may struggle to get your money back when you come to sell it. There’s also a risk that the mortgage lender will decide the property is worth less than you've offered, leaving you to stump up the extra cash or pull out of the sale altogether.

    • Our guide on how much a property is worth explains what sellers should take into account when setting the asking price on their property, which will also help you work out the property's value.

    When it comes to the figure you offer, the National Association of Estate Agents (NAEA) recommends avoiding round numbers to prevent making the exact same bid as someone else – so for example you could bid £200,075 instead of £200,000.

    It can also be a good idea to submit the offer in person to ensure that it is definitely received.

    What to include in your sealed bid

    It's up to the vendor which bid they accept, if any, and the decision won't always be based purely on price. Along with the amount you're offering, you should use your offer letter to:

    • Highlight anything that differentiates you from other buyers. Are you chain-free or a cash buyer? This could help speed things up and lessen the chances of the transaction falling through.
    • Show that you can definitely afford to buy the property. Enclose a copy of your mortgage agreement in principle to prove that you'll be able to borrow the necessary amount.
    • Demonstrate that you're ready to get things moving as soon as they accept your offer. Include your solicitor's details and, if you have a home to sell too, explain what stage you're at with the sale.
    • Tell them what you love about the house. Selling a home can be emotional – for some vendors, it’s meaningful to know that the new owners will enjoy living there as much as they have.

    Find out more: making an offer on a house or flat

    'Best and final' offers

    When more than one person wants to make an offer, some estate agents will ask buyers to submit their 'best and final' offer by a set date.

    The best and final offer process works in a very similar way to sealed bids; the main difference is that your offer doesn't have to be formally submitted in an envelope.

    You might initially submit your best and final offer over the phone, but we'd advise doing it in writing too (email or letter) so that all of the details of your offer and situation are laid out for the vendor to see.

    Along with the amount you're offering, including all of the information that you would in a sealed bid (see above).

    What to do if your bid is rejected

    Getting a call to say that the vendor has chosen another buyer is disappointing, but bear in mind that sales sometimes fall through.

    If you stay in touch with the estate agent, they'll know you're still interested if the other buyer drops out of the sale.

    • Find out more: our guide to finding a property is packed with tips on how to track down your perfect pad.

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