Gazumping

Gazumping occurs when a seller accepts a verbal offer on their property from one potential buyer but then accepts a higher offer from another buyer before the sale is legally completed.

What is Gazumping?

Gazumping is a term that specifically refers to the situation in the UK real estate market where a seller initially accepts an offer from a potential buyer, but later accepts a higher offer from another buyer, leaving the first buyer out of the transaction. This practice can occur because, in England and Wales, a property sale is not legally binding until contracts have been exchanged. Gazumping highlights the volatile nature of the property buying process and can lead to increased costs and disappointment for the initial buyer, who might have already incurred expenses for property surveys, legal fees, and mortgage arrangements.

The phenomenon of gazumping often occurs in a seller's market, where high demand and low supply of properties give sellers the leverage to accept higher offers. This situation can be frustrating and financially damaging for buyers, leading to calls for reform in the home buying process. However, until changes are implemented, buyers and sellers must navigate the complexities of the current system, often seeking strategies to mitigate the risk of gazumping.

Frequently Asked Questions

Gazumping is a term that you may have heard before, but you might not be sure what it means. Here are some common questions and answers to help you understand what it means.

To reduce the risk of gazumping, consider the following strategies: Move quickly: Ensure your mortgage is in principle, and have a solicitor ready to expedite the legal process. Build a good relationship with the seller: Personal connections can sometimes influence a seller's decision. Lock-in agreement: Ask for a lock-in agreement, where both parties pay a deposit that is forfeited if either party withdraws from the deal. Insurance: Consider taking out gazumping insurance to cover any losses if the purchase falls through.
In England and Wales, gazumping is legal. The sale of a property only becomes legally binding once contracts have been exchanged. Until that point, both buyers and sellers are free to change their minds. This aspect of the property buying process allows gazumping to occur, highlighting the importance of moving swiftly towards contract exchange.
Yes, sellers can take steps to protect themselves against gazundering (when a buyer lowers their offer just before the exchange of contracts). These steps include setting a clear and fair asking price from the start, having a minimum price in mind, and maintaining open communication with the buyer to understand their financial situation and commitment level. Just like buyers, sellers should aim for a swift move towards the exchange of contracts.
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