Is it absolutely necessary to go through an auctioneer?

S

Siobh

Registered User
Messages
15
Can someone please advise??

We are looking at buying our first home and have been dealing with the builder rather than the auctioneer. Now we are ready to commit to the deal and are wondering do we actually have to go through the auctioneer or is it ok to deal with the builder still and go through his solicitor???

Wnat to do things the right way!!!!

Many thanks.
 
At this point typically the auctioneer goes out of the picture, you would have little or any dealings with them once the offer is accepted and the booking deposit is paid.
You would deal your your solicitor, who would interface with the builder's solicitor.
The builder's solicitor generally won't talk to you directly for fear of a conflict of interest.
 
Did the Auctioneer 'introduce' you to the house? Did the estate agent show you around the house. Have you had previous dealings with the EA in relation to this house?
Or did you just see the houses from the road with the builder's sign up and go straight to the builder?
You can deal direct with the builder (via your solicitors) but if the EA introduced you to the house, then the the EA may look for their commission from the builder, seeing as without work and input and advertising on their behalf, the builder would not have gotten you to buy the house.
 
No we have never been in touch with the auctioneer at all. We have only ever spoken to the builder and did all the negotiating of price etc with him.
We are hoping to give him a bank draft today as the booking deposit and he has said to make it out to his company and to give it to his solicitor??
is this correct??

Thanks so much for your help. Much appreciated!
 
Forget the auctioneer, as the builder pointed out give it to the builders solicitor to hold (make sure to enclose a cover letter stating that is a returnable booking deposit) and not him directly. Every thing else (money/legal wise) should be done through YOUR solicitor talking to his solicitor, from now.
 
Siobh said:
We are hoping to give him a bank draft today as the booking deposit and he has said to make it out to his company and to give it to his solicitor??
Click to expand...

I don't have experience of this having always gone throught an auctioneer. You need to be very careful as to who you are paying and what you sign.
 
A, It is a booking deposit.
B, I would have more trust in a Solicitor than an auctioneer/estate agent, not to go bust or do a runner.
C, I don't think it makes much difference who it is made out to the Solicitor should still be able to lodge it in their client account.
 
In this case, I think you should send the booking deposit through your own solicitor, to the builder's solicitor.
I sold a house before without an auctioneer and the buyer's solicitor advised them to place the deposit via their own solicitor, to my solicitor.
 

That could be misplaced trust then.
OP why would you deal with someone at the end of a deal that has had no part in the deal at all? On the other hand it won't cost you anything to deal with the EA but I don't see what benefit it is to you to do so.
 
Thanks so much for all your help. Have just given the money to the builder's solicitor. Fingers crossed everything will work out for us now!

Your points were well made and as some of you said-what was the point going through someone else that I had not been dealing with at all. Just wanted to make sure it was all accepted and I wasn't being conned!!

As usual this site is brilliant for help and advise! thanks to all!
 
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