Gazumping is when a seller accepts your offer on a property, then accepts a higher or more attractive offer from another buyer before contracts have been exchanged.

It can happen even after you’ve started arranging your mortgage, instructed a solicitor or paid for a survey.

For any first time buyers or current homeowners moving home in Derby, understanding when the purchase becomes legally binding can help explain why gazumping remains possible during the early stages of a sale.

Is Gazumping Legal?

Yes, gazumping is legal in England and Wales.

An accepted offer does not create a legally binding property purchase. The buyer or seller can usually withdraw or change their position until contracts are exchanged.

This creates a period between having your offer accepted and exchanging contracts where another buyer could make an offer that the seller decides to accept.

The seller may choose another buyer because they’ve offered more money, though price is not always the only reason.

A buyer who is ready to proceed quickly, has no property chain or appears less likely to encounter delays may sometimes be more attractive to a seller.

When Can Gazumping Happen?

Gazumping can happen at any point after your offer has been accepted and before exchange of contracts.

There are several stages to complete during this period. Your mortgage application may need to be assessed, the property valued, searches completed and the legal work carried out by your conveyancer.

This can take several weeks, leaving time for another interested buyer to approach the seller. Once contracts have been exchanged, both parties are legally committed to the transaction and gazumping is no longer an option in the same way.

Can You Prevent Gazumping?

There is no guaranteed way to prevent another buyer making an offer before exchange, though keeping your purchase moving can reduce the time in which it could happen.

Having your finances prepared before making an offer can help. This may include having your deposit ready, gathering the documents needed for your mortgage application and arranging an Agreement in Principle.

If you’re moving home in Derby, being prepared may also mean having your existing property sale progressing and responding promptly when your solicitor, estate agent or mortgage lender needs information.

You can also ask the seller to take the property off the market once your offer has been accepted. They do not have to agree, though doing so can reduce further marketing of the property while your purchase progresses.

Does an Agreement in Principle Help?

An Agreement in Principle does not prevent gazumping, though it can show that you’ve already taken steps towards arranging your mortgage.

It provides an indication of how much a lender may be prepared to lend based on an initial assessment. It is not a mortgage offer, and you’ll still need to complete a full mortgage application once you’ve found a property.

We can typically arrange an Agreement in Principle within 24 hours of your initial appointment, provided we have the information needed.

Having this organised before making an offer can help avoid unnecessary delays once you’ve found a home you want to buy in Derby.

What Should I Do if I’ve Been Gazumped?

If another offer has been made, the estate agent may give you an opportunity to increase yours.

You do not have to do this, and it is important to consider what the property is worth to you rather than feeling pressured into paying more than you originally planned.

You should also consider whether a higher purchase price changes your mortgage arrangements.

Your lender will still assess the property and may not agree that it is worth the increased amount, which could mean needing a larger deposit to cover the difference.

If the seller accepts the other buyer’s offer, you may also lose money already spent on parts of the purchase that cannot be recovered, such as some survey or legal costs.

Keeping Your Purchase Moving

Once your offer has been accepted, staying organised can help prevent avoidable delays between offer and exchange.

Instructing your solicitor promptly, supplying requested documents and progressing your mortgage application early can all help.

Our mortgage advisors can manage the mortgage side of the purchase, keep you updated as the application progresses and work with the other parties involved where necessary.

Gazumping remains outside your control until contracts are exchanged, though being prepared can put you in a better position to keep your purchase moving without unnecessary hold-ups.

Date Last Edited: August 20, 2026