What is Gazumping?

Gazumping occurs when a seller accepts an offer from one buyer, but then accepts a higher offer from a different buyer before the sale is finalised. This can happen even if you have already made progress with the transaction, such as obtaining mortgage approval or completing a home survey. Essentially, gazumping undermines initial buyer's position and can cause them to lose out on their desired property.

Why Does Gazumping Happen?

Gazumping happens for several reasons. The most common reason is that the seller receives a higher offer from another buyer. They may be tempted to accept this offer to maximize their profit or because they have concerns about the first buyer's ability to proceed with the sale. In some cases, the seller might also be unaware that they have accepted multiple offers on the property, leading to confusion and frustration for all parties involved.

How to Avoid Gazumping as a buyer

Although gazumping can feel like a daunting hurdle to overcome, there are steps you can take to reduce the risk of falling victim to this practice.

1. Be Proactive: Act quickly when you find a property you want to buy. Delaying your decision could give another buyer an opportunity to swoop in and make a higher offer.
2. Establish Trust: Build a good relationship with the seller and their estate agent. Show that you are serious about the purchase and demonstrate your ability to proceed quickly with the transaction.
3. Get Everything in Writing: Ensure that all agreements and negotiations are put in writing and signed by all parties involved. This can help protect your position in case of any disputes.
4. Use an Experienced Conveyancer: A conveyancer is a professional who specializes in property transactions. They can guide you through the process, ensure all legal requirements are met, and act promptly to secure the purchase.
5. Research the Seller's Circumstances: Try to gather information about the seller's situation. Are they in a hurry to sell? Do they have a chain of properties they are buying? Understanding their circumstances can help you gauge their level of commitment to the sale.
6. Get Mortgage Pre-Approval: Obtain a mortgage pre-approval from your lender before making an offer. This demonstrates your financial readiness and can give you an advantage over other buyers who have not yet secured financing.
7. Be Flexible: Lastly, try to be flexible with your offer. You may need to negotiate on the price or other terms to secure the property. Being open to compromise can make your offer more appealing to the seller.

Gazumping can be a frustrating and disheartening experience for homebuyers. However, by understanding what gazumping is and taking proactive steps to protect yourself, you can reduce the risk of falling victim to this practice. Act quickly, build trust, get everything in writing, use an experienced conveyancer, and consider additional measures such as pre-contract deposits or exclusivity agreements.

How to avoid gazundering as a Seller

 'Gazundering' is a practice whereby a buyer lowers their offer at the last minute, just before contracts are exchanged. As a seller, losing a potential buyer to gazundering can be frustrating, so  it's important to safeguard yourself against gazundering to ensure a smooth and stress-free selling process. Here are some essential strategies to protect yourself against it:

1. Set a reasonable asking price

One effective way to prevent gazundering is to set a reasonable asking price for your property. Conduct thorough research of similar properties in your area and consider getting a professional valuation to determine a fair and competitive price. By setting a realistic asking price, you discourage potential buyers from attempting to gazunder.

2. Use a lock-in agreement

A lock-in agreement is a legally binding contract that prevents the buyer from pulling out of the sale or trying to offer less at a later stage. This agreement gives you peace of mind during the negotiation process, as it legally binds the buyer to follow through with the sale at the agreed price, reducing the risk of gazundering.

3. Consider pre-contract deposits

Another effective way to reduce the chances of gazundering is by asking the buyer to pay a pre-contract deposit. This is a substantial amount of money that the buyer pays upon acceptance of their offer. If the buyer were to back out, they would forfeit this deposit. Pre-contract deposits provide an additional level of commitment and financial security for you as the seller.

4. Engage a proactive estate agent

Choosing the right estate agent is crucial in avoiding gazundering. Look for an agent with a reputation for being proactive and trustworthy. A proactive agent will work diligently to secure a sale quickly, reducing the window of opportunity for gazundering to occur. Additionally, a trustworthy agent will have your best interests at heart and provide guidance on navigating the selling process, including proactive measures to prevent gazundering.

Are gazumping and gazundering Legal?

While gazumping may leave buyers feeling wronged, it is important to understand that it is legal in the UK. This is because, until formal contracts are exchanged and legally binding, either party can withdraw from the sale without any legal repercussions. Until this critical point is reached, a seller is free to consider other offers.

Conclusion

While gazumping may feel unfair and frustrating, it is an unfortunate reality of the real estate market in many jurisdictions. Understanding its legality and taking appropriate precautions can help protect home buyers from this unpleasant experience. By establishing clear lines of communication, obtaining mortgage agreements in principle, and involving solicitors and surveyors early on, buyers can increase their chances of avoiding gazumping. Remember, knowledge is power, and being well-informed can help navigate the labyrinth of home buying with confidence.