Offer to purchase question

airborne said:
Nice!
I love a little bit of clever manoeuvring to get you out of a very sticky situation.

I'm also doing a pretty big purchase currently(not property) and also almost got burnt buying a lemon, a very pushy seller who managed to blah blah his way through my misgivings and then ratchet up the urgency, all of a sudden it's the deal of a century and I felt that I better take it or lose out.

Signed sale agreements and load shedding intervened before I could do the money transfer. Thank god, one sleepless night later and I told the seller I had to see the item one more time, saw it again in good weather and nope, no thanks, dodged a bullet.

Some people are devious as fk, they'll shaft you any day of the week, any time any place and they'll come from all races, ages and wealth brackets.

BUYER BEWARE 110%
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How come you could cancel after you'd signed?
 
Agent has now forwarded one single message from the buyers saying they except the higher offer.

I thought she needed the confirmation from both? How come they now respond as one?

Man this is so dodge!
 
We are not replying to any further messages or correspondence.

Our last message was to say we will wait for the signed documents. We never mentioned the word accept or anything close to it.

And our very last correspondence and email to her was that we officially withdraw our original offer since no signed accepted offer was received in time.
 
Thanks for all the help thus far guys.

If I can give any advice to prospective buyers.

Be very cautious for over friendly, pushy agents who only seem to communicate back and with proper protocols when it seems to be in their interest.

Like she is very quick to get us to officially get pen on paper and sign OTP documents and initial any changes. But when it comes to counter offers and signed rejections/acceptance documents, she is quick to simply allow verbal/whatsapp confirmations.
 
Late to the party but if the seller counters your offer and communicates it to you or your agent it’s a rejection of your offer regardless of the lapse period. It would’ve been preferable to have just ended it there and not carried on with a charade.
 
quovadis said:
Late to the party but if the seller counters your offer and communicates it to you or your agent it’s a rejection of your offer regardless of the lapse period. It would’ve been preferable to have just ended it there and not carried on with a charade.
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The problem was that it was not in writing.
 
bokka1 said:
The problem was that it was not in writing.
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Yes... There was never truly a counter offer from them. Nothing in writing and nothing from forwarded messages or voicenotes

My exact message early afternoon was...

"Please get the sellers to send us a counter offer for 15k more. Then we can perhaps meet halfway?"

Then at exactly 18h00 the agent sent a 46seconds voicenote saying that the sellers have accepted our offer of R15k more...

I never ever said the words we will offer more. I asked for a counter offer to be sent.
 
maumau said:
How come you could cancel after you'd signed?
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It wasn't for a property and despite being a pushy overbearing k*unt the seller was decent enough to let it slide. He could have probably been within his rights to obligate me to pay but that would have necessitated a civil court case and the value of the deal was not sufficient to warrant that.
 
APoc184 said:
Yes... There was never truly a counter offer from them. Nothing in writing and nothing from forwarded messages or voicenotes

My exact message early afternoon was...

"Please get the sellers to send us a counter offer for 15k more. Then we can perhaps meet halfway?"

Then at exactly 18h00 the agent sent a 46seconds voicenote saying that the sellers have accepted our offer of R15k more...

I never ever said the words we will offer more. I asked for a counter offer to be sent.
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Just be aware that the agent is going to get very upset and start threatening legal action... Stand your ground and happily refer her to your lawyers as well as thst you will be involving the EAAB and have all the correspondence saved and will be laying an official complaint... Play just as hard back and even harder if needs be.
 
APoc184 said:
Thanks for all the help thus far guys.

If I can give any advice to prospective buyers.

Be very cautious for over friendly, pushy agents who only seem to communicate back and with proper protocols when it seems to be in their interest.

Like she is very quick to get us to officially get pen on paper and sign OTP documents and initial any changes. But when it comes to counter offers and signed rejections/acceptance documents, she is quick to simply allow verbal/whatsapp confirmations.
Click to expand...

I had something very similar to this. Made an offer on a property earlier this year in February. Everything was very official over email and all that. Offer was rejected before the deadline. But I was notified over Whatsapp, no email.

After Level 3 came into effect, I get a message from the agent saying the offer is being looked at again by the seller. Like WTF. This offer had expired in Feb. Few days later I get asked if I can increase my offer. I lost all my cool with that agent. Sent a crappy email to her, copied the principal agent and a few days later they were all apologetic about it.

Lesson here: Talking amounts and offers over Whatsapp will be seen by the agents as formal comms. Everything over email for me.
 
bokka1 said:
The problem was that it was not in writing.
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I agree that the counter offer not being reduced to writing and then agreed to by all parties is not legally enforceable however the very act in making a counter offer to the buyers via the estate agent could be argued to constitute a rejection of the original OTP. The two positions (counter offer and then an acceptance of the original OTP if not successful) could be seen as inconsistent in contract law.
 
APoc184 said:
Only saw this now...

I will gladly buy you a bottle of wine when this is done and dusted... (and wine is available for purchase again)
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Haha, no worries, I did not do anything, just a joke to let us look like the sharks we are always portrayed as.
 
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