Sale of Property (Sealed Bids)

Bill Wiggin Excerpts

1st reading
Tuesday 11th October 2022 Commons Chamber

[Sir Bill Wiggin (North Herefordshire) (Con)]

I beg to move,

That leave be given to bring in a Bill to prohibit the sale of property by sealed bids; and for connected purposes.

The role of Government is to ensure that markets work and that deals are fair and as transparent as possible. We make rules to ensure that unfair exploitation does not occur. That is clearly more important in land and property transactions, as they are usually the largest deals that most of us will ever do with our own money.

The purpose of my Bill is therefore to enhance transparency, to reduce costs and opaque behaviour, and to ensure that both buyer and seller are treated fairly by the estate agent. Let me say that, despite the vast number of good agents, there are still some who think that using such opaque techniques to try to extort money is acceptable.

We know that when one buys a property, one does a search and survey before exchanging contracts. That is sensible and prudent. However, when one is asked to submit a best and final offer or a sealed bid, that is done to try to extract more money without any extra information being given. That is not in the interest of any party except the agent, who has made little or no effort to assist in the deal making, as a broker of any other transaction would expect to do.

A sealed bid or private treaty sale will be suggested to a seller when multiple potential buyers are interested in purchasing the same property. Prospective buyers are invited to submit bids for the property through a secret ballot or through an invitation to submit a best and final offer. All bids are then supposed to be considered at once. The owner of the property and the estate agent then decide behind closed doors, in an unclear and opaque process, who should be declared the winner.

Agents are not bound by any legislation setting out appropriate processes for how transparency following bids should be handled, nor is there any later declaration of the price or any other useful information that would help the market. In fact, there are no credible statistics available recording how many sales take place by sealed bid, which demonstrates the overly relaxed nature of the regulations surrounding property buying.

The system is therefore ripe for abuse and detrimental to the confidence of potential buyers. I hope that this Bill can generate real reform and encourage genuine transparency in the property market.

It is inefficient that with such a process of sealed bids the prospective buyer has no idea what their competitors have bid. To be eligible to submit a bid, one must go through the cost of searches and surveys—an expensive procedure. The average homebuyer pays between £1,000 and £1,500 for conveyancing before exchange of contract. There are also other tedious undertakings, such as letters from one’s bank or lengthy pieces on one’s suitability to own the property.

Bidders are required to do so much before even being considered for the property, but what do they get in return? Nothing but confusion, secrecy and unanswered questions. They often find themselves in frustrating and distressing circumstances: either they have not bid enough and are never told what the winner paid, or, if successful, they might be paying well over the asking price, and often far more than that which the agent thought the property was worth.

All that is great news for the seller and the estate agent —right up until the seller becomes a buyer, of course. It leaves an agent who did not know his market with a larger commission, having done less work. It is not surprising that they do not want more transparency and no wonder that this element to the market needs reform.

Once a bid is submitted, a buyer cannot really alter their offer. Estate agents will often tell buyers that their offer is legally binding before exchanging contracts. That may or may not be true, as a “subject to survey” clause is possible. Supporters of sealed bids claim that they speed up the buying process and discourage time wasters. However, in many cases, the seller or the buyer attempts to renegotiate after the sealed bid has been accepted, thereby prolonging the process. According to Quick Move Now, in quarter 4 of 2021, 39% of property sales fell through due to the buyer changing their mind or attempting to renegotiate the offer. When a property sale falls through, people lose not only the house or flat, but any money they have spent on applying for a mortgage, conveyancing or a property survey. Government figures suggest that consumers waste £270 million each year because transactions fall through. Failed transactions make moving house—already considered one of life’s most stressful experiences—more frustrating and less practical.

Research undertaken by the Department for Business, Energy and Industrial Strategy suggests that consumers are extremely concerned by the weakness of regulation for estate agents. Aggressive tactics that are employed to close a deal quickly include practices such as gazumping. A system of sealed bids only encourages such harmful practices, which waste time, wreck estate agents’ reputations and artificially inflate the housing market.

Often, estate agents use the sealed bids process to pressure inexperienced sellers into accepting the highest bid, with no regard to the circumstances of the buyer, while buyers are pressured into submitting their very highest offer. I must keep saying that estate agents are, by and large, good, honest people. However, the actions of a few can sully the industry. Processes such as sealed bids and best and final offers only add to that unfortunate perception. That is why reform is long overdue.

Sealed bids not only affect the housing market. In Herefordshire, the average price for prime arable land is £10,670 an acre. Agricultural land values in England have reached their highest level since 2016. During that time, the use of sealed bids for farmland has also increased. That is concerning, as the price per acre for farmland is being increased artificially, in turn putting pressure on the price of food.

Due to transport costs, the land next door is always more valuable to a local farmer than land further away, and it is more valuable to them than to someone who lives further away. That means that farmers are much more exploited and much more vulnerable than any other type of property buyer. This has to stop. How can we encourage new and aspiring young farmers to acquire land in such an opaque market environment?

This Parliament has the ability to do far more for prospective home and farm buyers. Now we must find the will. We were elected on a key manifesto commitment to rebalance the housing market towards more home ownership. Home ownership is a fundamental Conservative value. Sealed bids and best-and-final-offer messages do not rebalance the market; they seek to corrupt it. They are not the way to an open, transparent, competitive market; they seek to stifle competition and transparency. They artificially raise prices and hopes, meaning that thousands of pounds are wasted. Through this Bill, I wish to see better regulation of the housing and property market, fairness for all prospective buyers and sellers, and transparency for an industry that has for far too long operated in murky ways. That all starts with an end to the practice of sealed bids and best and final offers.

Question put and agreed to.

Ordered,

That Sir Bill Wiggin, Mr Ian Liddell-Grainger, James Grundy, Dr James Davies, Andrew Rosindell, Cherilyn Mackrory, Mr Mark Francois, Sally-Ann Hart and Sir Edward Leigh present the Bill.

Sir Bill Wiggin accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 24 March 2023, and to be printed (Bill 157).