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Private buyer but have sole seller agreement with estate agent

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  • G_M
    G_M Posts: 51,977
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    Seller175 wrote: »
    The contract says notice cannot be served until the 20 week tie in period is over. The wording isn't clear. Are they referring to serving notice in the event of wanting to change agent or whether it is different when the property is no longer on sale period, as surely then the 28 days can kick in whenever I choose regardless of how long I am into the tie in?
    This sounds unlikely. Please quote the exact words in full.

    If true, I believe it would not be enforcible. If the minimum term (tie in period) is 20 weeks, then by definition you can end the contract at 20 weeks.

    Requiring an additional 28 days would mean the minimum term is NOT 20 weeks.

    Where a contract is ambiguous, the law will interpret it to the benfit of the party who did not draft it - in this case you.
  • BrassicWoman
    BrassicWoman Posts: 3,201
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    how did your neighbour know you were selling the house? Can you show it is NOT because one of the EAs advertised it?
    2021 GC £1365.71/ £2400
  • how did your neighbour know you were selling the house? Can you show it is NOT because one of the EAs advertised it?
    I advised neighbour before I instructed agents that I was looking to move and will be selling it. Basically giving him first refusal.
  • BrassicWoman
    BrassicWoman Posts: 3,201
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    Seller175 wrote: »
    I advised neighbour before I instructed agents that I was looking to move and will be selling it. Basically giving him first refusal.

    But he did not accept/ offer before you went to market, or you would not have signed with an EA.

    So you will struggle to show the awareness was not because of, for example, a for sale board or a rightmove ad.

    your problem \9other than 2 EAs...) is proving it's a private sale; I don't think you can.
    2021 GC £1365.71/ £2400
  • eddddy
    eddddy Posts: 16,292
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    So you will struggle to show the awareness was not because of, for example, a for sale board or a rightmove ad.

    That's just EA puff. That won't stand up in court - seeing an EA's board or advert isn't an 'effective cause of the sale'.

    See the 'famous' Foxtons vs Bicknell case that was decided by the court of appeal: https://www.solicitorsjournal.com/news/family/children/no-future-estate-agents-battling-over-introductions
  • eddddy
    eddddy Posts: 16,292
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    edited 16 October 2016 at 6:12PM
    Seller175 wrote: »
    I totally get that commission would be payable if I sold privately within the tie in period. If it was after this tie in period however then I would not be liable for fees.

    No - you've misunderstood an important aspect of EA contracts.

    It's the date that the buyer was introduced that is likely to be significant here - not the date of the sale.

    Your buyer was introduced during EA2's sole selling rights period - so you probably have to pay EA2's fee if that buyer goes on to buy within 12 (or perhaps 24) months.


    It sounds like you still haven't thoroughly read the contracts you signed. You really need to do this.
  • eddddy wrote: »
    No - you've misunderstood an important aspect of EA contracts.

    It's the date that the buyer was introduced that is likely to be significant here - not the date of the sale.

    Your buyer was introduced during EA2's sole selling rights period - so you probably have to pay EA2's fee if that buyer goes on to buy within 12 (or perhaps 24) months.


    It sounds like you still haven't thoroughly read the contracts you signed. You really need to do this.

    I agree. If say for example a private buyer is introduced after the tie in period is over which is 24 weeks then a fee is not payable in my mind. I'm not quite sure what u mean by 12/24 months, they can't hold a tie in forever!!
  • eddddy wrote: »
    That's just EA puff. That won't stand up in court - seeing an EA's board or advert isn't an 'effective cause of the

    I agree. Also a for sale sign was never put up out of choice.
  • eddddy
    eddddy Posts: 16,292
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    Seller175 wrote: »
    I'm not quite sure what u mean by 12/24 months, they can't hold a tie in forever!!

    READ YOUR CONTRACT!

    It will tell you whether it's 12 months or 24 months.

    As I said:
    eddddy wrote: »
    It sounds like you still haven't thoroughly read the contracts you signed. You really need to do this.

    READ YOUR CONTRACT!
  • eddddy wrote: »
    READ YOUR CONTRACT!

    It will tell you whether it's 12 months or 24 months.

    As I said:



    READ YOUR CONTRACT!

    Chill Winston!!! I've read my contract and it says nothing about a 12 or 24 month tie in.
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