If you have been browsing property listings online or speaking with estate agents, you may have come across the phrase “under offer.” It is a common term in the UK housing market, yet one that often causes confusion among buyers and sellers alike. Understanding exactly what it means when a house is under offer is important, as it indicates where the property stands in the sale process and what your options are if you are interested in it.

The Definition of “Under Offer”

In the simplest terms, when a house is under offer, it means a buyer has made an offer to purchase the property and the seller has accepted it, but the sale has not yet legally completed. The property is still technically on the market, though it is usually not being actively advertised to new buyers. The sale remains subject to contract, meaning that no binding agreement exists until both parties have exchanged signed contracts.

This stage is an important milestone in the home-buying process, but it does not guarantee that the sale will go through. Until contracts are exchanged, either party can withdraw without penalty, although doing so can cause disappointment and additional costs.

The Difference Between “Under Offer” and “Sold Subject to Contract”

Estate agents sometimes use the terms “under offer” and “sold subject to contract” (SSTC) interchangeably, though there are subtle distinctions. “Under offer” generally refers to the period immediately after an offer has been accepted but before solicitors have begun formal conveyancing work. “Sold subject to contract” usually indicates that the legal process is already underway, with surveys and mortgage arrangements progressing.

In practice, both terms signal that the seller has agreed to sell to a particular buyer, but the deal is not legally binding yet. The property cannot be considered officially sold until contracts have been exchanged and the transaction has moved toward completion.

What Happens When a House Is Under Offer

Once an offer is accepted, several steps must occur before the sale becomes legally binding. The buyer’s solicitor will begin searches and raise enquiries, the mortgage application will be processed, and a property survey may take place. The seller’s solicitor will prepare the draft contract and provide documentation, including title deeds and property information forms.

During this time, both parties work toward the exchange of contracts. This is the point at which the sale becomes legally binding, and the buyer usually pays a deposit of around ten per cent of the purchase price. After exchange, completion is arranged, which is when the remaining balance is paid and ownership formally transfers to the buyer.

The period between a property going under offer and completion can vary depending on circumstances, but it typically takes between eight and twelve weeks in England and Wales. In Scotland, the system differs slightly, as an offer becomes legally binding earlier in the process through the exchange of missives.

Can You Still View or Make an Offer on a House That’s Under Offer

Technically, yes. While a house is under offer, it is still legally available until contracts are exchanged. In England and Wales, this means other potential buyers can continue to express interest and even submit higher offers. However, whether the seller chooses to entertain further offers is entirely at their discretion.

If a seller accepts a new offer after agreeing to an existing one, this is known as “gazumping.” Although it is legal, it is often seen as unethical and can cause frustration for the original buyer. Similarly, if a buyer decides to lower their offer late in the process, this is known as “gazundering.” Both situations can create tension and uncertainty, highlighting why clear communication and professional conveyancing advice are essential.

Many estate agents will mark a property as “under offer” or “sold subject to contract” to discourage new viewings, reducing the risk of competing bids. That said, if the initial sale falls through, the agent can quickly relist the property to attract new buyers.

Why Sales Sometimes Fall Through

Even after a property goes under offer, around one in four transactions in the UK fail to reach completion. There are several reasons why this happens. The buyer might not secure a mortgage, the property survey might reveal serious defects, or delays in the conveyancing process could lead to frustration.

In some cases, buyers withdraw due to personal circumstances, such as a change in employment or the discovery of a more suitable property. Sellers may also back out if they receive a higher offer or face difficulties finding a new home to move into.

Because the process remains non-binding until exchange, it is vital for both parties to stay engaged, respond promptly to enquiries, and work closely with their solicitors to prevent unnecessary delays.

What Being “Under Offer” Means for Sellers

For sellers, receiving an offer and marking the property as under offer represents progress, but it does not mean the process is over. At this stage, it is crucial to ensure all required documentation is in order and that your solicitor is instructed to begin conveyancing promptly.

If you are selling, maintaining open communication with your estate agent and the buyer can help the transaction move smoothly. Being transparent about timescales, responding quickly to queries, and being prepared for surveys can all help avoid complications.

It’s also sensible to keep a backup plan in case the sale falls through. Many sellers choose not to accept new offers during this stage, but if delays occur or the buyer withdraws, being ready to relist the property ensures minimal downtime.

What It Means for Buyers

For buyers, having an offer accepted is an exciting moment, but it is important to remember that nothing is legally guaranteed yet. You should proceed quickly with surveys, mortgage applications, and legal work to keep the process moving.

It’s wise to stay in close contact with your solicitor and estate agent to track progress. If you are part of a chain, ensuring all parties are aligned on timelines helps avoid last-minute problems.

Buyers should also avoid making irreversible commitments, such as giving notice on a rental property, until contracts are exchanged. The earlier stages of a sale can still be unpredictable, and maintaining flexibility reduces stress if the transaction takes longer than expected.

Case Example

A young couple in Manchester made an offer on a three-bedroom home which was accepted and marked as under offer. Their solicitor began searches and raised standard enquiries. Two weeks later, the property survey revealed minor roof repairs were needed, and the couple negotiated a small reduction in the price. The sale then proceeded smoothly, and contracts were exchanged six weeks later.

However, in another case, a property in Bristol went under offer to one buyer, but the seller received a higher bid shortly after and decided to accept it. The original buyer was gazumped, losing survey and solicitor fees. This demonstrates how fragile the under-offer stage can be before contracts are signed.

The Legal Perspective

Under English and Welsh law, the sale of land or property is only legally binding once contracts have been exchanged. The process is governed by the Law of Property (Miscellaneous Provisions) Act 1989, which sets out the requirements for written contracts and signatures. Until this stage, both buyer and seller can change their minds without facing legal penalties, although they may lose money spent on surveys, legal fees, or mortgage applications.

In Scotland, property law differs. Once a written offer is accepted, it becomes legally binding after the exchange of formal letters known as missives. This makes the Scottish system faster and less prone to last-minute withdrawals, though it requires more upfront commitment from buyers.

Conclusion

When a house is under offer, it means a buyer has made an offer that the seller has accepted, but the sale has not yet legally completed. It marks a significant step forward in the buying process but remains a provisional stage until contracts are exchanged.

For buyers, it’s a time to stay proactive and ensure all legal and financial preparations are handled promptly. For sellers, it’s an opportunity to finalise documentation and maintain momentum toward completion. While being under offer is a positive sign, understanding that the sale is not legally binding yet helps all parties manage expectations and navigate the process with confidence.