Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Seller175
    • By Seller175 15th Oct 16, 10:18 PM
    • 28Posts
    • 0Thanks
    Seller175
    Private buyer but have sole seller agreement with estate agent
    • #1
    • 15th Oct 16, 10:18 PM
    Private buyer but have sole seller agreement with estate agent 15th Oct 16 at 10:18 PM
    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.
    Last edited by Seller175; 15-10-2016 at 10:30 PM.
Page 2
    • Peter333
    • By Peter333 16th Oct 16, 10:39 AM
    • 1,720 Posts
    • 5,406 Thanks
    Peter333
    But something as important as that they should be advising you. EAs.....scum of the earth.
    Originally posted by Seller175
    If Estate Agents are the scum of the earth, then why did you use not one, but TWO of them?

    Moreover, why do you think you have the right to not pay them fees?

    If your contract with each one says you have to pay them even if someone wants to buy your house who didn't see the sign or listing, then you have to pay!

    I agree with the posters on here, pay up, and be grateful you have sold your property!
    As of 25th October 2016, I am not participating in this site. Until MSE sorts out the issue with insidious trouble-makers, it's no longer a place I wish to be. I can't be bothered with the constant battle with trolls.

    MSE is not a nice place to be at the moment, and hasn't been for a while now. So I'm outta here for the foreseeable future.
    • yoshiyella
    • By yoshiyella 16th Oct 16, 11:09 AM
    • 402 Posts
    • 119 Thanks
    yoshiyella
    Give notice now to EA1, then in a few weeks give Ea2 their notice.

    Tell this buyer what has happened and offer to reduce the price by how much EA2 would have charged you to keep them on good terms for waiting to start the process and advise not to contact either EA.
    • Seller175
    • By Seller175 16th Oct 16, 12:01 PM
    • 28 Posts
    • 0 Thanks
    Seller175
    I have another query;

    EA2 has a 20 week tie in on which I have 11 weeks remaining, plus it also carries a 28 Notice period after expiry.

    If I was to ask for termination immediately on the basis that I was taking my house off the market as no longer selling, then what period am I "tied in" for if I was to sell privately afterwards. So is it 11 weeks plus 28 days before I could theoretically sell privately without fees being payable or is it 11 weeks given that the 28 days notice is effectively inclusive as early termination?
    • Seller175
    • By Seller175 16th Oct 16, 12:04 PM
    • 28 Posts
    • 0 Thanks
    Seller175
    Peter333 - because I have a genuine private buyer that was referred by by neighbour!!! They are the scum of the earth because they are not transparent but what can u do?! There's just something completely wrong about them being able to claim the fee when the buyer has not even seen their advert but was referred by my neighbour who we told we were selling before instructing the EA
    Last edited by Seller175; 16-10-2016 at 12:07 PM.
    • G_M
    • By G_M 16th Oct 16, 1:18 PM
    • 37,092 Posts
    • 41,049 Thanks
    G_M
    Peter333 - because I have a genuine private buyer that was referred by by neighbour!!! They are the scum of the earth because they are not transparent but what can u do?! There's just something completely wrong about them being able to claim the fee when the buyer has not even seen their advert but was referred by my neighbour who we told we were selling before instructing the EA
    Originally posted by Seller175
    Almost certainly, the commission charged on a sole selling contract is lower than on a sole gency contract, which is lower than on a multi agent contract.

    this is because of the increased certainty of the agent getting the fee (rather than another agent in multi-agent scenario for example).

    You chose the cheapest option. And hence the option that most guarantees the agent will receive their fee.

    If you failed to understand what you were signing, that is no one's fault but your own.

    If I was to ask for termination immediately on the basis that I was taking my house off the market as no longer selling, then what period am I "tied in" for if I was to sell privately afterwards. So is it 11 weeks plus 28 days before I could theoretically sell privately without fees being payable or is it 11 weeks given that the 28 days notice is effectively inclusive as early termination?
    You can, of course, 'ask to terminate immediately'. However the contract is for 11 more weeks so it is entirely at the EA's discretion.

    They are unlikely to release you early. And if they later saw that you had sold (privately) during this period, I expect you'd receive an invoice.

    In most cases, you can give your (28 days) notice prior to the minimum term expiring ie in/before about 7 weeks from now.
    • Seller175
    • By Seller175 16th Oct 16, 1:32 PM
    • 28 Posts
    • 0 Thanks
    Seller175
    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.
    I guess that EA2 may acknowledge my termination and take the property off market but highly likely that I would still be effectively tied in until the 20 weeks + 28 days notice period was over.
    Hypothetically speaking if I was to get a private buyer after all tie in periods were over and solicitors instructed after this date then there is no case to answer. Key point being that any buyer was not registered with the EA to begin with
    Last edited by Seller175; 16-10-2016 at 1:37 PM.
    • G_M
    • By G_M 16th Oct 16, 1:52 PM
    • 37,092 Posts
    • 41,049 Thanks
    G_M
    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.
    I guess that EA2 may acknowledge my termination and take the property off market but highly likely that I would still be effectively tied in until the 20 weeks + 28 days notice period was over. (assuming you gve notice in a timely manner)
    Hypothetically speaking if I was to get a private buyer after all tie in periods were over and solicitors instructed after this date then there is no case to answer. Key point being that any buyer was not registered with the EA to begin with
    Originally posted by Seller175
    That is correct.
    • Seller175
    • By Seller175 16th Oct 16, 2:15 PM
    • 28 Posts
    • 0 Thanks
    Seller175
    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?
    • Levs01
    • By Levs01 16th Oct 16, 2:51 PM
    • 224 Posts
    • 237 Thanks
    Levs01
    One of the agents near me has a tie in period of 12 mths if you remove your house from the market. So if you remove your house and then 10 mths later put it on with another agent and someone they introduced buys it they still get their 10lbs of flesh!! It's all in the small print though if you read it.
    • Levs01
    • By Levs01 16th Oct 16, 2:52 PM
    • 224 Posts
    • 237 Thanks
    Levs01
    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?
    Originally posted by Seller175
    You can't issue notice till the 20 weeks is up effectively making the tie in actually 24 weeks.
    • Seller175
    • By Seller175 16th Oct 16, 3:00 PM
    • 28 Posts
    • 0 Thanks
    Seller175
    You can't issue notice till the 20 weeks is up effectively making the tie in actually 24 weeks.
    Originally posted by Levs01
    Yes but what if I give notice to remove my advert at 10 weeks? I realise I'm still tied in but do I have to serve notice again at end of 20 weeks for the 28 days to kick in?
    • G_M
    • By G_M 16th Oct 16, 4:50 PM
    • 37,092 Posts
    • 41,049 Thanks
    G_M
    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?
    Originally posted by Seller175
    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
    • By BrassicWoman 16th Oct 16, 5:00 PM
    • 1,044 Posts
    • 4,284 Thanks
    BrassicWoman
    how did your neighbour know you were selling the house? Can you show it is NOT because one of the EAs advertised it?
    May GC £215/£50 (oops)
    April 2016 GC: £24.09/ £20
    • Seller175
    • By Seller175 16th Oct 16, 6:35 PM
    • 28 Posts
    • 0 Thanks
    Seller175
    how did your neighbour know you were selling the house? Can you show it is NOT because one of the EAs advertised it?
    Originally posted by BrassicWoman
    I advised neighbour before I instructed agents that I was looking to move and will be selling it. Basically giving him first refusal.
    • BrassicWoman
    • By BrassicWoman 16th Oct 16, 6:41 PM
    • 1,044 Posts
    • 4,284 Thanks
    BrassicWoman
    I advised neighbour before I instructed agents that I was looking to move and will be selling it. Basically giving him first refusal.
    Originally posted by Seller175
    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.
    May GC £215/£50 (oops)
    April 2016 GC: £24.09/ £20
    • eddddy
    • By eddddy 16th Oct 16, 6:53 PM
    • 3,858 Posts
    • 3,491 Thanks
    eddddy
    So you will struggle to show the awareness was not because of, for example, a for sale board or a rightmove ad.
    Originally posted by BrassicWoman
    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
    • By eddddy 16th Oct 16, 7:05 PM
    • 3,858 Posts
    • 3,491 Thanks
    eddddy
    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.
    Originally posted by Seller175
    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.
    Last edited by eddddy; 16-10-2016 at 7:12 PM.
    • Seller175
    • By Seller175 16th Oct 16, 7:19 PM
    • 28 Posts
    • 0 Thanks
    Seller175
    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.
    Originally posted by eddddy
    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!!
    • Seller175
    • By Seller175 16th Oct 16, 7:21 PM
    • 28 Posts
    • 0 Thanks
    Seller175
    [QUOTE=eddddy;71463169]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
    • By eddddy 16th Oct 16, 7:53 PM
    • 3,858 Posts
    • 3,491 Thanks
    eddddy
    I'm not quite sure what u mean by 12/24 months, they can't hold a tie in forever!!
    Originally posted by Seller175
    READ YOUR CONTRACT!

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

    As I said:

    It sounds like you still haven't thoroughly read the contracts you signed. You really need to do this.
    Originally posted by eddddy
    READ YOUR CONTRACT!
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4,211Posts Today

6,523Users online

Martin's Twitter