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Seller175
Posts: 34 Forumite
I've got myself in a pickle. I put my house on sale on a sole agreement with an estate agent 3 months ago. I then decided to list with a second agent a month later but unknowingly signed another sole seller agreement with them and am effectively tied in for 20 weeks. I have now found a true private buyer who has been introduced by my neighbour. I don't mind referring him to the first agent so everything is done via EA especially given that they only charge 1%. However would I then become liable for double fees with the 2nd agent having me on a sole agreement? I don't want to refer them to the 2nd agent as they charge higher fees and they haven't really introduced me to this buyer either. Or do I just take it off market and say that I have decided to take off market? I don't believe the buyer has contacted any of the EAs.
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Words fail me....You need to read both agency agreements carefully because as it stands any buyer introduced by anyone (or no-one) is going to get you into trouble!
Perhaps cancel everything, hide for six months and start again. Or be thankful for a sale and take double fees on the chin.0 -
Wow really??? The most annoying thing is neither of these eas told me I was signing a sole agreement! I was thinking of ringing the first agent to first ask where I stand in a hyotethical scenario of selling via either. I am hoping that because I signed with them first their agreement would stand. Or is it better I just cancel my contracts with both and just sell private?!?!0
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From what you say, EA2 will be due his fee.
But as we can't read the contract we can't be sure.
Either be grateful you have a buyer, sell, and pay he fees, or don't sell and don't pay the fees.
ps - EAs routinely monitor sales (and buyer's names) of properties and ex-properties on their books via the Land Registry.0 -
Oh come on! The onus is on you to read a contract before you sign it. Do you really expect agents (and shops? airlines? employers?) to sit down and tell you every single clause in a contract before you sign it?Wow really??? The most annoying thing is neither of these eas told me I was signing a sole agreement!
Just realised you seem to be saying you never cancelled the contract with EA1 - so he'll be claiming his fee too!0 -
Yes they monitor sales but this buyer will not be listed as their customer. I have never sold a property before and the 2nd agent never even asked whether the original agent was on a sole agreement. He just said that's fine, leave them on.0
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But something as important as that they should be advising you. EAs.....scum of the earth.0
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By the way, EA1 agreement was for 16 weeks which has since passed. Not sure what happens after that....0
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But something as important as that they should be advising you. EAs.....scum of the earth.
Something as important as this you really should keep you wits about you...
Give the first agent notice, and the second if you're beyond the initial term (or whatvever is stated in the contract.)
Ask for a list of potential buyers they have introduced (whatever that means) . If your private buyer isn't on the lists, sell to them fee free.
If they are, you may be liable for fees for the next year or so...0 -
The first agent period has lapsed...so I could serve their 14 day notice.
I am still tied in to the 2nd agent for a few weeks. So best thing to do here to clear up this mess is introduce the buyer to the second agent, advise them of the situation and then cancel the 1st EA. I suppose the 2nd agent would need to hold off stating SOLD for 14 days just to cover me...0 -
Yes they monitor sales but this buyer will not be listed as their customer. I have never sold a property before and the 2nd agent never even asked whether the original agent was on a sole agreement. He just said that's fine, leave them on.
If I'm reading that right, the second agent knew you were still with the first agent and said 'that's fine, just leave them on'? So then the second agent knew he would be a multi agent and then got you to sign a sole agent contract? That's....very bizarre. Agencies make more money on a multi agent contract. I had to go multi agent straight away (long story) but both agencies went through the contract and the fact it was a multi agent contract and what the fees were for that and what would happen if another agent sold it first etc.0
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