What Is Gazumping, and Why Is It Still Legal in England When Scotland Banned It?


Few things in property feel as unfair as being gazumped. You have an offer accepted, you spend money on surveys and solicitors, then someone swoops in with a higher bid and you lose the home. So what is gazumping exactly, and why on earth is it still legal in England when Scotland has effectively stopped it? Let me explain.

What Gazumping Actually Is

Gazumping happens when a seller accepts your offer, then later accepts a higher offer from a different buyer, all before contracts are exchanged.

Because nothing is legally binding until that exchange, the seller breaks no law and loses nothing. You, however, can be left thousands of pounds out of pocket. If you want the full breakdown, this guide on what is gazumping explains it clearly.

Why It Is Legal in England

The root cause is the law itself. Under the Law of Property Act 1989, a property contract does not exist until contracts are formally exchanged.

That is why every deal is labelled "subject to contract." Until that moment, either side can walk away for any reason, including a seller taking a better offer. It is frustrating, but entirely lawful in England, Wales, and Northern Ireland.

How Scotland Stops It

Scotland does things very differently. There, once a seller's solicitor formally accepts an offer and "missives are concluded," the deal becomes legally binding at a much earlier stage.

Because of that early commitment, gazumping is extremely rare in Scotland. It is often held up as the model England should copy.

Why England Has Not Followed

So why not just adopt the Scottish system? It has trade-offs. Scottish buyers must pay legal and survey costs before their offer is even accepted, which carries its own risks.

That is partly why no English government has made the switch. Reform is coming, though. The 2026 package aims to introduce earlier binding agreements and digital sales packs, but rollout is expected later this Parliament, so nothing has changed in law yet.

My Honest Take

The numbers say it all: 78% of buyers think gazumping should be illegal, yet it remains perfectly legal for now.

Until the law changes, protect yourself. Move quickly to exchange, ask the seller to take the property off the market, and consider home-buyer protection insurance to recover wasted fees.

Have you been gazumped? I would love to hear your experience.

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