EA contract - help needed!

Greenmanx

Hello all. I hope some of you knowledgeable people out there can give me some advice.


Signed “Sole Selling Rights” contract with EA about 10 weeks ago. There have been no viewings at all and want give 28 days notice on the contract.

My question is can I sign up with another EA and allow them to market the property, arrange viewings and for me to potentially accept offers within the 28 day notice period and not be liable to pay two EA fee’s?

The contract states that I:

“will be liable to pay remuneration to [the EA] in addition to any other costs or charges agreed …… if unconditional contracts for the sale [of my house] are exchanged in the period during which we have sole selling rights, even if the purchaser was found not by us but by another agent.”

Now, even if an offer was made and accepted on my house within the 28 notice period (through a new EA) it is practically impossible for contracts to be exchanged within the 28 day notice period. So, I thought great, no chance of having to pay two EA’s fees. However another clause further down the contract states:

“There may be a dual fee liability if you have either previously instructed another agent to sell the same property on a sole agency, joint sole agency or sole selling rights basis, or you instruct another agent during or after the period of our sole selling rights basis.”

Confusing or what?! So would I have to pay “dual fee’s” or not? With retrospect I wouldn’t have signed this contract as it’s very confusing, perhaps contradictory and seems to be worded so I’ll have to pay a fee whatever happens.

Can anyone give any advice?

Many thanks

zone

You might have to pay something towards the admin fees for the first agent (maybe £250). But if you list your property with another agent after the 'sole selling period' with the first agent has expired you will only need to pay one full sale fee when they find a buyer for you.

Best to call the agency up and find out exactly how much you will have to pay and how long you need to wait before you are free to try other agents.

cats!

I would give the agent their 28 day notice and have another agent lined up for after that period, that way you cannot be asked for money and there will be no confusion over the notice period.

Also, make sure that useless agent number 1 gives you a list detailing all the people it can legitimately claim that it "introduced" during their contract period. This will stop them making a claim for commission at a later date if you sell through agent number 2!

Greenmanx

Many thanks for the responses - in short it seems best to wait until the current EA contract has expired.

Just illustrates that you should read everything thoroughly and understand it before signing!

Thanks again.:T