Gazumping – You’d never want it to happen to you!

The problem in England and Wales is that until contracts have been exchanged the sale agreement is not legally binding. Until that point, the current system permits buyers and sellers to pull out of the agreement, and the practices of gazundering and gazumping!

Last week I described the awful practice of gazundering, sprung on sellers by their purchaser, and advised planning a strategy in advance just in case. And this week, I will look at the issue of gazumping where the roles are reversed.

Gazumping happens when a seller, who has already accepted a buyer’s offer, decides to accept a higher offer from someone else. The first buyer is left with two possible choices: they offer a higher price and get into a potential bidding war, or they decide to let the property go, lose out and look for an alternative.

From a buyer’s point of view, gazumping is not only a stressful experience but it also costs money when surveys, searches and other fees have already been incurred.

This practice is popular when property prices rise and when there are more buyers than sellers in the market.

As a buyer, how can you try avoiding being gazumped? Unfortunately, there isn’t much you can do about it, but there are some precautions you can take:

• Ensure that the buying process is as quick as possible; the quicker the better, as it will provide less opportunity for the seller to receive and consider offers, play games, or even pull out of the sale altogether.


• Before making an offer, find out if the estate agent has a policy on gazumping. Some agents request sellers to sign an agreement to turn down any further offers after one has been accepted.


• After your offer is accepted, ensure that you regularly communicate with the estate agent/vendor to let them know about your buying progress status: inform them when the survey will take place; let them know when the survey is completed; update them on the status of your mortgage offer, etc.


• Persuade the seller to sign a “lockout agreement” when your offer is accepted. The seller signs this agreement stating that they will not accept another offer from anyone else as long as the contracts are exchanged within a set time. You should use a solicitor to draw this up.


• Another possibility is a “pre-contract deposit agreement”. This means that each side pays a deposit (an agreed percentage of the purchase price) that will be lost if they pull out without a good reason. Obviously this agreement does not completely guarantee a smooth transaction as either party can pull out if they are willing to lose the deposit. But it will reduce the risk of being gazumped. And if you become a gazumped buyer, you will get some compensation. You should use a solicitor to draw up this agreement.


• Some insurance companies offer gazumping insurance policies to cover fees you might have incurred. Always weigh up the cost of insurance policies and read the small print!

As a buyer, always be prepared for the eventuality of being gazumped. Try to not set your heart on the property until it is signed and sealed. But if you really want it or have no other choice then ensure that you have a contingency plan allowing you to increase your initial offer.

And if you are gazumped but you don’t want to make a higher offer, let the estate agent and vendor know if you are still keen on the property. If the other buyer with the higher offer pulls out, you may still be in with a chance of securing the property if that’s what you want.

As I’ve said before, any negotiation should be based on trust and be fair to both parties. My advice is always to agree on a price at the beginning of the transaction and stick to it.

Laurent Stadelmann
Managing Director

Chez-Vous HomeSearch
Removing stress from the property process!

Property Finder / Relocation Services / Negotiation Service / Location Reports

laurent@chez-vous.biz
www.chez-vous.biz
Tel: +44 (0) 1189 770215

Is gazundering ever justified?

I always encourage people to negotiate prices when they purchase items of a certain value. You have nothing to lose, the worst being that you don’t get a discount. You are either happy to accept it and pay the full amount, or go somewhere else to see if you can get the same item cheaper.

The same applies when buying property. After having done your research, and if you believe that a lower offer is justified (market conditions, how long the property has been on the market, potential structural problems to fix, poor presentation, etc.), go for it.

Remember, a property is only worth what somebody is willing to pay for it. If you feel uncertain or uncomfortable about doing the negotiation yourself then I recommend that you get someone who is a confident negotiator to do it for you - a friend, a family member or a professional property finder.

But be aware – there is a significant difference between negotiation and the appalling practice of gazundering! Gazundering involves unscrupulous buyers waiting until around the time of exchange and then lowering their offer with the anticipation that the seller will be reluctant to lose the sale. If sellers’ hands are tied they have got no choice but to accept it, or they can fight back by rejecting the lower offer and then withdrawing on principle.

As a seller, bear this possibility in mind and prepare your strategy in advance. Be ready to counteract based on your circumstances (are you desperate to sell or not) should gazundering happen to you.

When buyers make offers, I recommend sellers to try to get as much information as possible about their circumstances. Have they got a property to sell? Is there a chain? Are they first-time buyers, investors or cash buyers with nothing to sell? This will enable the seller to assess the potential impact and risks to the buyer of losing the property should that buyer play the dangerous game of gazundering.

When buyers have justified reasons for lowering their original offer (for example the survey has highlighted problems that will cost money to fix), this is not gazundering. So consider the offer and renegotiate accordingly.

However, when the buyer is simply playing a game to pay less money, then my advice is to always try to refuse to back down, or to even withdraw from the sale. Why should you trust this person again? What else are they likely to try next?

If the circumstances allow, contact any other interested buyers who had also made offers, or simply put the property back on the market. If you are in a weak situation because of time or money pressures, don’t let the buyer know about it. Apply the strategy you will have rehearsed in advance to prevent you losing too much money.

At Chez-Vous HomeSearch, we believe that any negotiation should be based on trust. Both parties (seller and buyer) should agree on a price at the beginning of the transaction and should stick to it.

Next time I will look at the issue of gazumping where the roles are reversed!

Laurent Stadelmann
Managing Director

Chez-Vous HomeSearch
Removing stress from the property process!

Property Finder / Relocation Services / Negotiation Service / Location Reports

laurent@chez-vous.biz
www.chez-vous.biz
Tel: +44 (0) 1189 770215

The path to successful property investment

Successful individuals and entrepreneurs have found different ways and methods of building their fortunes. One of the most accessible ways is investing in property. In fact, the annual Sunday Times Rich List, the definitive guide to wealth in Britain and Ireland, confirms that the richest people make millions in land and property.

Property is a great strategy for the investor who is willing to take the time to learn about the options, risks, and potential rewards for this type of investment process.

The UK property market has always been a subject of immense interest, especially as we have experienced an extraordinary rise in property values over the years. Furthermore, there have been so many different types of mortgages available on the market enabling people to get a foot on the investment property ladder easier.

It is impossible to predict if property values will increase forever. However, when you consider that historically, property in the UK has doubled in value every seven to nine years, then it is not difficult to understand that it is a fantastic investment platform if you are prepared to take a long term view.

A successful property investor makes money both in a rising and in a declining market. For example, during a rising market, property investors can release some of the equity built up over time to either purchase additional properties or to keep some money aside to be used at a later date. During a declining market, they buy lower-priced bargain properties. This is why market value trends do not affect property investors who are in it for the long term.

You have probably heard that location, location, location is the most important factor to consider when buying property. This is absolutely true as getting the right location can make the difference between success and failure.

I also believe that research, research, research is an equally important element of the property investment process. It is critical to ensure that you learn as much as possible. For example, talk to property experts and estate agents, go to property networking events and exhibitions, learn how to buy the right property at the right price in the right area, find out how to make the right alterations to the property within the appropriate budget, etc. You need to have a thorough understanding and all the relevant facts to hand before committing to a purchase.

And if you don’t have the time or the confidence to take the plunge into property investment then don’t despair. There is a wealth of professional expertise and support out there for every step of the process.

By committing to the long term strategy and by combining research and location, you have a recipe for success.

For further information on how Chez-Vous HomeSearch can assist with your property investment plans, please contact Laurent Stadelmann on +44 (0) 1189 770215 or at laurent@chez-vous.biz.

Laurent Stadelmann
Managing Director

Chez-Vous HomeSearch
Removing stress from the property process!

Property Finder / Relocation Services / Negotiation Service / Location Reports

laurent@chez-vous.biz
http://www.chez-vous.biz/
Tel: +44 (0) 1189 770215

Starting to invest in property in need of renovation

When starting to invest in property in need of renovation you could look for badly maintained or run down properties that need a lot improvement. These homes are much cheaper to purchase but they will take some time and experience to improve. You can also focus on homes that need less work, such as cleaning up, painting, and in some cases new flooring. You do not want to buy something too run down, as it could cost a lot of money to renovate.

If you are a DIY expert and are experienced enough to fix most of the repairs yourself, you can save a lot of money. On the other hand, if you need to hire someone, you should always ensure that the individual or company is qualified accordingly and has a good reputation. People or companies recommended by friends, family or acquaintances are the ones to seriously consider. Ask them for 2 or 3 further references and check out the work they have done.

You should always arrange for a survey to be carried out by a Chartered Building Surveyor prior to the purchase of any property. This will enable you to assess the nature of any defects and if the property is worth investing in. The result of the survey could even help you to re-negotiate the purchase price in your favour.

If you decide to stay in the property renovation business, you will learn a lot over the years. You will work with a team of professionals you can trust. After you have successfully renovated and resold several properties, you will begin to feel more confident with buying homes that need repair. All it takes is time and practice - and you will be buying homes that the average investor would not think twice about. This can be a huge advantage when you are looking for homes to buy and resell, as there will be less competition to worry about. You will also be able to negotiate lower purchase prices, simply because you will be able to use the cost of the repairs to your advantage.

Once you are experienced in renovating properties, even those with structural problems, you will have a huge advantage in the market. You will be able to buy virtually any home, including those that other investors choose to ignore. Doing so can be very profitable, especially when properties are in sought-after areas. After you have done the repairs, you will be able to resell the home for a much higher price than what you paid for.

When you start looking for properties in need of renovation, you should always take your time and buy the right homes. You may not have the money, time, experience, or support to buy the bigger houses at first, which means that there will not be much room for mistakes. Once you have purchased and resold a few smaller homes, you will eventually be able to work your way up to the bigger properties which is where the big profits will come into play.

Always keep in mind that when you first start out, you will need to patient. You cannot expect profits to come overnight, especially if you make a few costly mistakes. Once you have been experienced for a few years and have several properties to your credit, you will be ready to tackle anything. At that point you will make a lot of money in a career that is truly exciting!

Laurent Stadelmann
Managing Director

Chez-Vous HomeSearch
Removing stress from the property process!

Property Finder / Relocation Services / Negotiation Service / Location Reports

laurent@chez-vous.biz
http://www.chez-vous.biz/
Tel: +44 (0) 1189 770215

Factors to consider before buying a property to live in

There are various factors to consider before buying a property that your family will call home. The problem is that far too many people get caught up in the small or cosmetic details of the purchase and search that they forget the primary needs of the family in the process. Keep the following points in mind when considering purchasing a property and you are much more likely to be happy with your decision.

Location: This is one of the most factors in buying a property. The quality of the neighbourhood in which a home is situated is paramount when investing in a property as it influences its current and future value.

Size: When it comes to property, size really does matter. The problem is that it matters differently for different people. Those that are aging and whose families have left home would do well in smaller properties that required lower maintenance. Those with growing families need room to grow not only inside the house but also outside the home. If you have 5 children you do not want to be crowding them into 2 bedrooms nor do you need five bedrooms (unless you want them of course) if you are a confirmed bachelor. Size is an important consideration when deciding on a house that will meet the needs of you and/or your family.

Mortgage: As well as the initial purchase price there are numerous other costs to consider when buying your home. Firstly, unless you are buying your home with cash, you will need a mortgage, which will have to be repaid with interest. There are so many mortgage packages available that you should think carefully about which would be the right one for you. For advice on mortgages you can visit any bank, building society or financial advisor. The internet is also a good source for your research, especially forums.

One off costs: There are also several one-off costs normally incurred during the purchase of a property which would be your responsibility:

• A solicitor or licensed conveyancer to look after the legal side of the purchase
  
• A property survey
  
• Most banks and building societies charge for arranging a mortgage, and also for the valuation of the property that they are obliged to carry out


• Stamp duty has to be paid on any property purchases costing more than £120,000. The current bands are:
  
  Up to £120,000 – nil
  £120,001 to £250,000 - 1% of the purchase price
  £250,001 to £500,000 - 3% of the purchase price
  More than £500,000 - 4% of the purchase price

Living costs: In addition to a mortgage, there are also many other regular costs which home owners normally have to pay:

• Water, electricity, gas


• Council tax


• Buildings insurance


• Contents insurance


• Repair and maintenance costs

School catchment area: Whether or not you have (or are planning) to have children, remember that the quality of local state schools exerts a major influence on property prices. A house or flat in a reputable school catchment area will always be easier to resell.

Amenities: Decide what type of amenities matter to you. Do you want to be near shops, pubs and restaurants or would closeness to a park matter more to you. Buying the right property is not simply a matter of bricks and mortar.

Car insurance considerations: The cost of your car insurance will depend very much on whether your property is classified as being in a high crime or low crime area. If you have a lock-up garage or even just off-street parking, then your car insurance premiums will be reduced.

Public transport: Being close (but perhaps not too close!) to train and underground stations or a main bus route is beneficial, especially if you commute to your place of work by public transport.

Access to roads: Here again, being close (but perhaps not too close!) to roads and motorways is beneficial, especially if you commute to your place of work by car or by motorbike

Finally, two heads are better than one: When viewing a property, take a friend or relative with you. You will have a lot of information to absorb in a relatively short period of time, during a viewing, and it is easy to miss what may turn out to be critical details in the heat of the moment. Your companion may have noticed things that you did not and vice versa. You may want to take a camera with you. If you feel that you have not taken in the whole picture regarding the property, arrange a second viewing.

Laurent Stadelmann
Managing Director

Chez-Vous HomeSearch
Removing stress from the property process!

Property Finder / Relocation Services / Negotiation Service / Location Reports

laurent@chez-vous.biz
www.chez-vous.biz
Tel: +44 (0) 1189 770215