If a listing is enquiries over ..... and Agent is requesting by email, that best offer be put forward as there may be no negotiations and all offers to be at her office by a certain date and time, is this really a Deadline sale or a new way of doing things?

Edited by chicco2 at 10:54 am, Wed 24 Feb

chicco2 - 2021-02-24 10:52:00

Sounds the same as a deadline sale, but so what?

Any offer can be negotiated, but usually in these cases only the top 1 to 3 offers would be negotiated. The highest offer will almost certainly be negotiated.

And the deadline sale thing is misleading. The vendor can accept any offer before that due date, or may accept none and go back to the market.

The only difference with a normal approach, is don't put in a low ball offer, you most likely won't be asked back to negotiate.

tony9 - 2021-02-24 11:22:00

It is called "marketing" !! try to instil a sense of urgency into the transaction.. be in but be in quick because there are heaps of people interested and it will be snapped up... we want your top dollar now, do not muck us around with this negotiation rubbish. I want my commission for this sale urgent because there is a payment due on my car !!

onl_148 - 2021-02-24 11:25:00

Hmmm, interesting. Thank- you for your responses. I guess the thing that I found a bit different was that the agent wants offers but just with info on contact details, lawyers names, offer and conditions, but not an S&P at this stage. Ran it by lawyer, he hadnt seen it done like that before. But did think it was okay.

chicco2 - 2021-02-24 11:39:00

chicco2 wrote:

Hmmm, interesting. Thank- you for your responses. I guess the thing that I found a bit different was that the agent wants offers but just with info on contact details, lawyers names, offer and conditions, but not an S&P at this stage. Ran it by lawyer, he hadnt seen it done like that before. But did think it was okay.

If true it sounds dangerous for all concerned. Despite what the agent is saying, she is actually asking for offers. Very odd.

johnston - 2021-02-24 11:53:00

Listing please.

johnston - 2021-02-24 11:54:00

chicco2 wrote:

Hmmm, interesting. Thank- you for your responses. I guess the thing that I found a bit different was that the agent wants offers but just with info on contact details, lawyers names, offer and conditions, but not an S&P at this stage. Ran it by lawyer, he hadnt seen it done like that before. But did think it was okay.

Sounds very much like an offer capable of being accepted and enforced against the email writer.

johnston - 2021-02-24 13:25:00

johnston wrote:

Not sure what you mean, I believe there has been lots of interest and this like an expression of interest, to be followed up with S&P agreement, maybe?? Possibly vendor instructions to hurry things along?

Sounds very much like an offer capable of being accepted and enforced against the email writer.

Not sure what you mean, I believe there has been lots of interest and this like an expression of interest, to be followed up with S&P agreement, maybe?

Edited by chicco2 at 1:34 pm, Wed 24 Feb

chicco2 - 2021-02-24 13:33:00

johnston wrote:

Sounds very much like an offer capable of being accepted and enforced against the email writer.

And that is different to an offer capable of being accepted and enforced against a standard S & P agreement writer?

The first line of the email "offer" should be "Without Prejudice".

However you do have a point johnston. A standard S & P offer is worthless without both party's signatures, including against all changes.

An email forms a binding contract "as is" if the receiving party agrees, unless the email explicitly says otherwise. So says the electronic transactions Act.

tony9 - 2021-02-24 13:39:00

tony9 wrote:

And that is different to an offer capable of being accepted and enforced against a standard S & P agreement writer?

The first line of the email "offer" should be "Without Prejudice".

However you do have a point johnston. A standard S & P offer is worthless without both party's signatures, including against all changes.

An email forms a binding contract "as is" if the receiving party agrees, unless the email explicitly says otherwise. So says the electronic transactions Act.

You don't need both parties signatures. Sending an email with price and key details could form a contract. I would go further than adding without prejudice but I suspect the agent would not have a clue of the risks involved. Even an unsuccessful claim by the vendor could mean many thousands of dollars in legal fees for the hapless purchaser.

Edited by johnston at 1:58 pm, Wed 24 Feb

johnston - 2021-02-24 13:57:00