What Does Under Offer Mean? UK Property Guide 2025

Browsing property listings online and noticed homes marked as “under offer”? This common estate agent term confuses many house hunters. This guide explains exactly what under offer means, whether you can still buy the property, and what happens next in the sales process.

What Does Under Offer Mean?

Under offer means a buyer has made an offer on a property and the seller has accepted it. However, the sale is NOT legally binding and can still fall through. Both buyer and seller can withdraw at any point before contracts are exchanged.

When you see “under offer” on Rightmove or in estate agent windows, it signals the property has moved beyond viewings to the offer stage—but it hasn’t been sold yet.

Key Facts:

Offer made and usually accepted by seller
NOT legally binding in England, Wales, Northern Ireland
Either party can still pull out without penalty
You may still be able to make an offer
Different rules apply in Scotland

Under Offer vs Sold Subject to Contract (SSTC)

You’ll often see both “under offer” and “sold subject to contract” (SSTC) used. What’s the difference?

In most cases, they mean exactly the same thing: an offer has been made and accepted, but contracts haven’t been exchanged yet. Estate agents simply have preferences for which phrase they use.

Sometimes agents make a subtle distinction:

Status	Typical Meaning
Under Offer	Offer just received/being considered OR recently accepted
Sold Subject to Contract	Offer formally accepted, conveyancing begun

The phrase “subject to contract” emphasizes that the sale isn’t legally binding because contracts haven’t been signed. However, you cannot rely on this distinction being applied consistently across different estate agents when in doubt, ask them directly.

Is Under Offer Legally Binding?

No. In England, Wales, and Northern Ireland, an accepted offer is NOT legally binding until contracts are exchanged.

This is fundamentally different from most other purchases. Unlike buying a car or signing most contracts, accepting a property offer creates zero legal obligation for either party.

What This Means

For Buyers: You can withdraw your offer anytime before exchange without legal penalty. However, you’ll lose money spent on:

Survey costs (£300-£1,500)
Solicitor fees (£500-£1,500)
Mortgage fees (£0-£2,000)
Search costs (£250-£400)

These easily total £2,000-£5,000 in wasted expenses.

For Sellers: You can also withdraw or accept a higher offer (gazumping) at any time before exchange. You’ll lose legal fees already paid.

When It Becomes Legally Binding

Only when contracts are exchanged between solicitors does the sale become legally binding. This happens after surveys, searches, and all legal checks complete.

After exchange:

Both parties are legally committed
Completion date is set (usually 1-4 weeks later)
Buyer loses their deposit (typically 10%) if they pull out
Seller must compensate buyer’s costs if they withdraw

Scotland Is Different

In Scotland, offers become legally binding much earlier through a system of legal letters called “missives.” Once concluded, neither party can withdraw without penalties. This virtually eliminates gazumping in Scotland.

How Long Does a Property Stay Under Offer?

Typical timeframes vary significantly:

Fast sales: 6-8 weeks from offer to exchange
Average sales: 12-16 weeks from offer to completion
Slow sales: Several months to over a year

Factors Affecting Duration

Property Chain: Multiple linked sales slow everything down dramatically. Chain-free buyers (first-time buyers, cash buyers) move fastest.

Mortgage Approval: Takes 2-6 weeks. Delays in mortgage offers extend the under offer period.

Survey Issues: Problems revealed in surveys lead to renegotiation, adding weeks.

Solicitor Speed: Some solicitors work faster than others. Slow legal work is a common complaint.

Local Authority Searches: Can take 2-8 weeks depending on the council. Some areas are notoriously slow.

According to property market data:

Average time listing to offer: 50 days
Average offer to exchange: 8-12 weeks
Average exchange to completion: 1-2 weeks
Total average: 20-24 weeks from listing to completion

Can You Make an Offer on an Under Offer Property?

Yes, you can still make an offer on a property marked as under offer. The sale isn’t binding, so the seller can consider new offers.

Contact the estate agent and express interest. They have a legal duty to present all offers to the seller, even lower ones.

Why You Might Still Get It

Around 15-25% of under offer sales fall through, according to property market data. Common reasons include:

Mortgage application rejected
Survey reveals serious problems
Buyer gets cold feet
Chain collapses elsewhere
Low property valuation by lender
Searches reveal planning issues

If you’ve registered interest, the agent may contact you first when a sale falls through.

Making a Competing Offer

Your position matters. If you’re chain-free with a mortgage in principle, you’re attractive to sellers worried about their sale collapsing. However, consider the ethics, some view gazumping as unfair, while others see it as legitimate market competition.

What is Gazumping?

Gazumping occurs when a seller accepts a higher offer from a new buyer after already accepting someone else’s offer.

How It Works

Buyer A’s offer is accepted
Property marked under offer
Buyer B makes a higher offer
Seller accepts Buyer B’s offer
Buyer A is rejected and loses all fees paid

Is Gazumping Legal?

Yes, gazumping is perfectly legal in England, Wales, and Northern Ireland because offers aren’t binding before exchange. It’s controversial but lawful.

A 2024 study found that 37% of UK homebuyers experienced gazumping, showing how common this practice has become in competitive markets.

Avoiding Gazumping

As a Buyer:

Ask sellers to take the property off the market
Move quickly through surveys and searches
Build relationships with agent and seller
Get mortgage approval fast
Stay in regular contact

As a Seller:

Consider reputation damage from gazumping
Weigh short-term gain against potential complications
Ask if higher offers are genuinely more secure

Why Do Under Offer Sales Fall Through?

Understanding why sales collapse helps manage expectations:

Mortgage Issues (30%): Lenders decline applications or offer less money than expected.

Low Valuations (25%): The lender’s surveyor values the property lower than the agreed price, reducing the mortgage available.

Survey Problems (20%): Surveys reveal structural issues, damp, or subsidence that concern buyers.

Chain Collapse (15%): One broken link in a chain of sales affects all connected transactions.

Changed Circumstances (5%): Job loss, relationship breakdown, or buyer’s remorse.

Search Problems (3%): Local searches uncover planning breaches or boundary disputes.

Gazumping (2%): Seller accepts a higher offer from someone else.

Between 15-43% of properties marked as under offer or sold subject to contract ultimately fail to complete, depending on market conditions.

What Does Under Offer Mean in Scotland?

Scotland operates a fundamentally different system:

Home Reports Required: Sellers must commission surveys before marketing, costing £400-£600. All buyers can view this.

Written Offers Only: All offers must be submitted through solicitors in writing.

Missives System: Offers and acceptance happen through legal letters called “missives.” Once missives conclude, the sale becomes legally binding—much earlier than in England.

Under Offer in Scotland indicates formal written offers have been made and solicitors are exchanging missives. Once concluded, withdrawal triggers financial penalties.

Advantages of Scottish System

Gazumping is virtually impossible
Faster overall process
Greater certainty for buyers and sellers
Surveys available before offers made

What Happens After Under Offer?

Once your offer is accepted, significant work begins:

Immediate Steps (Weeks 1-2)

Instruct solicitors for conveyancing
Submit full mortgage application
Arrange property survey

Conveyancing Process (Weeks 3-10)

Solicitor orders local authority searches
Title checked to confirm ownership
Contract drafted and reviewed
Questions raised about property
Mortgage offer issued (2-4 weeks)
Survey results reviewed

Exchange and Completion (Weeks 11-14)

Both parties satisfied with all checks
Contracts exchanged (sale becomes binding)
Deposit paid (typically 10%)
Completion date set (1-4 weeks after exchange)
Remaining money transferred
Keys handed over

Many sales take longer than this ideal 12-14 week timeline due to chains, slow solicitors, or complications discovered during searches.

Tips for Buyers

If you’re interested in an under offer property:

Register Interest: Contact the estate agent to note your interest. You’ll be first in line if the sale fails.

Understand the Stage: Ask exactly where in the process the property is. Just under offer? About to exchange?

Prepare Finances: Have mortgage in principle and deposit proof ready.

Keep Looking: Don’t fixate on one under offer property. Continue viewing others.

Check Back Regularly: Sales can fall through at any stage.

Investigate History: If a property keeps returning to market after going under offer, find out why.

Tips for Sellers

Managing an accepted offer:

Update Listing: Ask your agent to mark the property as under offer/SSTC to reassure buyers.

Respond Quickly: Answer solicitor requests promptly. Delays frustrate buyers.

Stay Communicative: Regular updates through the agent build buyer confidence.

Consider Ethics: Think carefully before accepting higher offers after acceptance.

Push Your Chain: If buying another property, keep your purchase moving to avoid bottlenecks.

Prepare Early: Start organizing removals and utilities before exchange.

Have Backup Plans: Don’t make irreversible decisions until contracts exchange.

Frequently Asked Questions

Can I view a property that’s under offer?

Usually not. Most agents stop viewings once offers are accepted, though you can always ask.

How long after under offer is completion?

Typically 8-16 weeks, though it varies significantly.

Is under offer the same as sold?

No. Under offer means an offer is accepted but the property hasn’t actually been sold yet.

What’s the difference between under offer and sale agreed?

Generally the same thing. Usage varies between estate agents.

Can a seller accept multiple offers?

No, only one at a time, though they can entertain backup offers.

What happens if my mortgage is declined while under offer?

You must withdraw, the property goes back on market, and you lose fees already paid.

Can I offer less than asking price on an under offer property?

Yes. Agents must present all offers to sellers.

Conclusion

“Under offer” indicates serious progress in a property sale but isn’t a done deal. In England, Wales, and Northern Ireland, nothing is certain until contracts exchange, typically 8-12 weeks after offer acceptance.

Whether you’re a buyer, seller, or interested in an under offer property, remember that 15-25% of these sales fall through. Don’t celebrate or despair prematurely. The property market requires patience, preparation, and understanding that under offer is just one milestone on the journey to completion.

For buyers viewing under offer properties, don’t assume it’s lost, register interest and stay informed. For sellers, focus on pushing the sale forward efficiently while managing expectations. And for everyone involved, understanding what under offer really means helps navigate this complex but exciting process.

Last Updated on October 23, 2025 by James Cartwright