Well, I recently learned about something else I have to be grateful for, and I thought that leading into Christmas, Hannukah, and the New Year, was the perfect time to discuss it. I am grateful that I am not an estate agent in England. And if you are a buyer or seller, you should be grateful you are not across the pond as well.
Lest you get gazumped or gazundered.
What is gazumping? What is gazundering?
Ok, check this out. In the United States (and pretty much everywhere else), when you decide to buy or sell a home, and you reach an agreement with another party, you sign a written and binding contract. You put down a good-faith deposit. Not in England.
When the British home buyer and home seller reach a meeting of the minds, they agree verbally on the home sale, and then the binding written contract comes… wait for it (literally)… months later after the survey and other legal terms are complete. During this entire time, the sales agreement is nothing more than a “gentlemen’s agreement.” So, the buyer will need to pay for the survey, inspection, solicitor fees, and other expenses before they can obtain a binding written contract. During this entire time, the buyer is on pins and needles, hoping that the seller doesn’t change their mind and decide not to sell to them. Perhaps another buyer could come along and offer more money or better terms. And the seller decides to break that gentlemen’s agreement. They can simply advise the buyer they have decided not to sell to them and make a verbal agreement with the new buyer. In this case, my friend, the buyer has been GAZUMPED!!
In England, this is totally legal (though considered ethically questionable). And the seller does not have to reimburse the buyer for any costs. Perhaps this was the home of the buyer’s dreams. Well, tough noogies. When you are gazumped, there is nothing you can do… except go find a new home and hope you aren’t gazumped again.
What if you are gazumped and the home you are selling already has a buyer? You will have nowhere to live. What to do? Well…, it looks like you may have to gazump your buyer as well. Sometimes, a gazump will cause a gazumping chain.
Note that it is not simply that sellers in England are meaner and less ethical than buyers. Because the verbal non-binding contract has two sides. What if the parties reach their verbal agreement, and after a couple of months of the seller having their home off the market, the buyer decides they do not want to move forward? Maybe they found a home they like better. Maybe just cold feet. Or maybe a Machiavellian negotiating strategy where they simply say to the seller—lower your price by £50,000, or I am terminating our deal. Just like the seller, the buyer has the same legal right to terminate the deal, no matter how shady. And in that case, the seller has been GAZUNDERED!
Can you believe this? When it comes gazumping and gazundering, I sure am grateful for…