Changing EA - what happens if 1 of our viewers decides to make an offer in a few wks?

bunnysw

Hi
We are in the process of changing from one EA to another - about 1 wk left with current EA. We had a viewing last night and today have heard that the couple woudl love to make an offer on our house but have applied for some sort of Govt grant that they will hear if they have got it in a few wks time. If we carry on as planned and change our EA what would happen of they wanted then to make an offer as they were introduced to our property by the initial EA?

cattie

Commision would be due to the introducing agent if it's within a period of approx 6 months. You'd need to read the contract for the exact length of time, but a 6month period is common.

googler

Probably the first EA will expect to be paid their commission as they introduced the buyer. However, you should also make it clear to the new EA that they will ONLY be paid their commission if they sell it to a buyer that they introduce after their agreement takes effect.

It's probably also a good move to agree a list of those people that viewed/expressed interest whilst the first EA agreement was in force, so there' no dispute about who's who.

PasturesNew

When you change agents, tell the new ones that there will be a list of viewers from the first agent - and that if they reappear then the first agent is to get the commission. Ask the first agent for a list of the viewers, they will send this to you. Send a copy of the list of viewers to Agent2.

They're used to doing this, it's how they work.

I know because I asked my agents when I changed - and they both said/expected the same thing. And I got the list... also, it was my first agent that produced my buyer, so the first agent was paid for the sale, not the one I'd moved to.

westv

If it was me I would leave it up to the agents to sort out amongst themselves.

googler

westv wrote: »

If it was me I would leave it up to the agents to sort out amongst themselves.

...which will lead to them both expecting to be paid, and both presenting a bill to the OP. This is what we're trying to avoid.

westv

googler wrote: »

...which will lead to them both expecting to be paid, and both presenting a bill to the OP. This is what we're trying to avoid.

Then they can argue that amongst themselves. They should both know who was marketing the house and when. Isn't that part of their job? The vendor shouldn't have to worry about who viewed and when.

LandyAndy

westv wrote: »

If it was me I would leave it up to the agents to sort out amongst themselves.

You have to be joking.

Get the first EA to provide a list of the people they think they have introduced. Pass this to the second EA so that they know not to deal with these people.

As PasturesNew says the EAs will be quite familiar, and happy, with this arrangement. I also did this in my last sale although it was a buyer introduced by the second EA who finally bought.

This is not an area where you can be passive.

bunnysw

Thank you very much for your replies. :T

We will do as suggested and ask our current EA to provide us with a list of the people they think they have introduced - seems like a good idea.

chickmug

An extract from the Code of Practice as issued by the NAEA and usually endorsed by the OEA.

Bear in mind some agents will willingly sort out with another agent but the truth is many can't stand each other and will NOT do this so you must take the lead.




c) If the client withdraws his instructions from you, you must advise him of any circumstances
in which he may have to pay more than one fee.
d) You must try to get written confirmation if your client wishes to terminate your agency. You
must give the client written confirmation that you are no longer acting for him and give details
of any fees or charges the client owes you. You must also explain any continuing liability the
client may have to pay you commission.
e) If you receive instructions from a client, you must give that client written notice that there may
be a dual fee liability if:
- that client has previously instructed another agent to sell the same property on a
sole or joint sole agency or a sole selling rights basis;
or
- that client instructs another agent during or after the period of your sole agency or
sole selling rights.
f) You must give up your rights to any commission if a purchaser first introduced by you goes
on to buy the property through another agent, in circumstances where that purchaser was
introduced by the other agent more than six months after the date your agency ended.

googler

westv wrote: »

Then they can argue that amongst themselves. They should both know who was marketing the house and when. Isn't that part of their job? The vendor shouldn't have to worry about who viewed and when.

They're most likely both local to the OP, in the current market they'll be fighting each other for each scrap of business, and they'll both be looking to the OP for their daily bread. They both will have a contract with the OP which says the OP will pay them if they find a buyer.

Do you think there's much scope for an amicable agreement between these two parties?