Quick Answer

What Is Gazumping and How Can I Avoid It?

Reviewed by Jay SabineCeMAP Qualified29 years experience

Gazumping is when a seller accepts a higher offer after accepting yours. It's legal until contracts exchange. Prevent it with lock-out agreements, fast surveys, mortgage in principle, and staying in close contact with the seller.

In England and Wales, property sales aren't legally binding until contracts are exchanged. This means sellers can accept a higher offer at any point before exchange, leaving you out of pocket for surveys and legal fees. While frustrating, there are strategies to reduce your risk.

Key Points

  • 1Legal in England and Wales
  • 2Affects ~3% of transactions
  • 3Only binding at contract exchange
  • 4Lock-out agreements offer protection
  • 5Scotland has different rules
  • 6Average lost costs: £1,000-£3,000

Eligibility Criteria

  • Mortgage in principle obtained
  • Solicitor instructed promptly
  • Funds verified and available
  • Chain-free or short chain preferred

Typical Timeframe

Most gazumping occurs in the 2-6 weeks between offer acceptance and exchange. The average time from offer to exchange is 8-12 weeks. Reducing this window is key to protection.

Next Steps

  1. 1Get mortgage agreed in principle
  2. 2Instruct solicitor immediately on offer
  3. 3Request lock-out agreement
  4. 4Book surveys within days of acceptance
  5. 5Pay for priority searches

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Related Questions

For more detailed information about this topic, visit our comprehensive guide:

Mortgages
Jay Sabine
CeMAP Qualified
29 Years Experience

Content reviewed: 13 January 2026

How to Prevent Being Gazumped

Get mortgage agreed in principle first

Shows sellers you're a serious, prepared buyer

Instruct solicitor immediately

Speeds up the legal process once offer accepted

Request exclusivity agreement

Seller agrees not to accept other offers for set period

Consider lock-out agreement

Legal contract preventing seller accepting other offers

Move quickly on searches

Pay for priority local authority searches

Stay in regular contact

Maintain good relationship with seller and agent

Risk Level Through the Process

High
Offer accepted- No legal commitment yet
Medium-High
Surveys completed- You've spent money but can still be gazumped
Medium
Searches returned- Closer to exchange but still at risk
Medium
Mortgage offer issued- Still not legally binding
None
Contracts exchanged- You're now legally committed - sale is secure
Lock-Out Agreements Explained

A lock-out agreement is a legal contract that can help protect you from gazumping:

  • Typically lasts 2-4 weeks
  • Seller cannot negotiate with other buyers during this period
  • Usually costs £200-£500 in legal fees
  • Not legally binding on the actual sale
  • Gives you time advantage over other buyers
If You've Been Gazumped
  • You'll lose money spent on surveys and legal fees (typically £1,000-£3,000)
  • Home buyer's insurance may cover some lost costs (check your policy)
  • Consider if making a higher counter-offer makes financial sense
  • Your mortgage in principle and searches may be usable on another property

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