Gazundering in the UK property market is a term that sends shivers down the spines of sellers across the country. It’s the practice where a buyer lowers their offer on a property just before the sale is due to complete. This often happens during the final stages of the transaction, typically at the point of exchanging contracts, when both parties expect the deal to go through.
Essentially, it’s the reverse of gazumping, where a seller accepts a higher offer after agreeing to a lower one.
This tactic can leave sellers in a difficult position. They may have already made plans, perhaps purchased another property or committed to moving and a last-minute reduction in price can put their whole chain at risk.
The buyer might feel justified in reducing their offer due to market conditions, survey results or other factors that have been brought up since their original bid was accepted.
In this article, we’ll delve into the reasons behind gazundering, its legality and most importantly, how to avoid falling victim to it.
What Is Gazundering?
Gazundering occurs when a buyer reduces their offer on a property just before the exchange of contracts.
Sellers, having taken their property off the market and possibly entered into a chain, may feel pressured to accept the lower offer to avoid starting the process anew.
Why Do Buyers Gazunder?
Several factors can motivate a buyer to gazunder like:
1. Market Conditions: If property prices have declined since the initial offer, buyers may feel justified in renegotiating the price.
2. Survey Findings: Unfavorable survey results such as structural issues or necessary repairs, can lead buyers to lower their offer to account for additional costs.
3. Financial Constraints: Changes in a buyer’s financial situation, like a reduced mortgage offer, can prompt a lower bid.
4. Tactical Negotiation: Some buyers use gazundering as a strategy to secure a better deal, banking on the seller’s reluctance to restart the selling process.
Is Gazundering Legal?
Yes, gazundering it is legal in England and Wales. The property transaction isn’t legally binding until contracts are exchanged which allows either party to alter terms or withdraw. However, this legality doesn’t make the practice any less distressing for sellers.
How to Avoid Gazundering
While you can’t control a buyer’s actions, there are steps you can take to minimize the risk of gazundering:
1. Set a Realistic Asking Price: Overpricing your property can lead to renegotiations later. Research local market trends and set a fair price to attract serious buyers.
2. Conduct a Pre-Sale Survey: Identifying and addressing potential issues beforehand can prevent buyers from using them as leverage to lower their offer.
3. Maintain Open Communication: Regular updates and transparency can build trust, reducing the likelihood of last-minute surprises.
4. Choose the Right Buyer: Assess the buyer’s position. Are they in a chain? Do they have mortgage approval? A well-prepared buyer is less likely to gazunder.
5. Consider a Lock-In Agreement: While not legally binding, this agreement can deter buyers from changing their offer by outlining potential penalties.
What Do You Do If You’re Gazundered
Here’s how to tackle your way out, If you find yourself facing a reduced offer:
1. Assess the Situation: Determine if the new offer is reasonable based on market conditions or survey findings.
2. Negotiate: Engage in discussions to find a middle ground that satisfies both parties.
3. Stand Firm: If the reduction feels unjustified, be prepared to walk away. Sometimes, calling the buyer’s bluff can lead them to reconsider.
4. Seek Legal Advice: Consult with your solicitor to understand your options and rights.
To conclude, gazundering in the UK property market is an unfortunate reality that sellers must be prepared for.
However, if you are able to understand the reasons behind it and take proactive measures, you can reduce the risk and navigate the selling process with greater confidence.
Remember, knowledge and preparation are your best defences against unexpected challenges in property transactions.
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