Your Guide to Gazumping

Gazumping is a term used in the property market to describe a situation where a seller accepts an offer from a buyer, but then later accepts a higher offer from someone else before contracts are legally exchanged.

While it can be frustrating and disappointing, particularly for buyers who feel they have secured a property, gazumping remains legal in England and Wales because an offer is not legally binding until contracts are exchanged.

How does gazumping work?

Gazumping typically occurs in a competitive or fast-moving market, where demand for property is high and sellers are keen to achieve the best possible price.

A common scenario might look like this:

A buyer makes an offer on a property, which the seller accepts. The property is then marked as “sold subject to contract.” However, during the conveyancing process – which can take several weeks – another buyer submits a higher offer. The seller may then choose to accept this new offer, even though they had already agreed to sell to the first buyer.

At this stage, the original buyer has no legal protection and may lose the property, along with any money already spent on surveys, mortgage arrangements or legal fees.

In recent years, with ongoing supply shortages and strong buyer demand in certain areas, gazumping has become more common again, particularly for well-priced or highly desirable homes.

Why does gazumping happen?

Gazumping is usually driven by market conditions. When there are more buyers than available properties, competition increases and sellers are more likely to receive multiple offers.

Other contributing factors include:

• Delays in the conveyancing process, which leave a longer window for new offers to be made
• Buyers not being fully prepared (for example, not having a mortgage agreed in principle)
• Sellers wanting to maximise their sale price, particularly in uncertain economic conditions

In 2026, with buyers more cautious but still competing for high-quality homes, sellers are often weighing both price and certainty when considering offers.

Is gazumping legal?

Yes, gazumping is legal in England and Wales. Until contracts are exchanged, neither the buyer nor the seller is legally bound to proceed with the transaction.

This differs from the Scottish system, where the process is more formalised at an earlier stage, making gazumping far less common.

Although legal, gazumping is generally viewed as unethical by many in the industry, as it can lead to mistrust and wasted costs for buyers.

How can buyers avoid gazumping?

While it’s not always possible to prevent gazumping entirely, there are several steps buyers can take to reduce the risk.

Being well prepared is key. Having a mortgage agreed in principle, a solicitor ready to act, and proof of funds in place shows sellers that you are a serious and proceedable buyer. This can make your offer more attractive, even if it is not the highest.

Moving quickly is also important. Delays can increase the likelihood of another buyer stepping in, so instructing your solicitor promptly and progressing the purchase efficiently can help minimise risk.

Some buyers choose to ask the seller to take the property off the market once an offer is accepted. While not legally binding, this can demonstrate commitment on both sides and reduce the chances of further interest.

Building a good relationship with the estate agent can also be beneficial. Regular communication ensures you are kept informed of any developments and can respond quickly if needed.

In certain cases, buyers may consider taking out homebuyer protection insurance, which can help cover some of the costs if a purchase falls through due to gazumping or other issues.

How can sellers avoid gazumping?

For sellers, gazumping can damage trust and potentially delay the overall transaction if the new buyer is not as well prepared as the original one.

To avoid complications, many sellers choose to:

• Carefully assess a buyer’s position before accepting an offer
• Prioritise proceedable buyers over simply the highest offer
• Work closely with their estate agent to ensure the sale progresses smoothly

In today’s market, certainty and speed are often just as important as price.

An unfortunate reality

Gazumping is an unfortunate reality of the property market in England and Wales, particularly during periods of high demand. While it can’t always be avoided, understanding how it works, and taking proactive steps, can significantly reduce the risk.

For both buyers and sellers, clear communication, preparation and working with experienced professionals are key to ensuring a smoother and more secure transaction.

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