Can I bypass the Estate Agent?

welnik

Seen a house and would like to go directly to the seller and make an offer. Ive not contacted the EA in any way but obviously know its for sale by the board outside.

Its on for a little more than I can afford and Im thinking that if he doesnt have to pay EA fees, he may be more willing to come down on the price. Can he do this?

Likewise, Ive got mine up for sale (have an offer, but deciding whether to accept it), can I put my own board up and find my own buyer that way? I havent got a board from the EA im with.

After watching last night's Whistleblowers, I wouldnt trust an Estate Agent as far as I could kick them! Particularly as he is pushing me to accept the offer Ive been given and my house has only been on the market 5 days!
cheers

[Deleted User]

I am afraid he'd still have to pay EA fees even if you approach him direct.

Bossyboots

Firstly, yes you can put up your own board and sell your property yourself. However, you need to check what you signed with your estate agent as if you signed up for sole selling rights as opposed to a sole agency agreement, you will still be liable for their fee.

You can make an offer direct to a seller. It is the seller who has the contract with the estate agent and thus the onus is on them to inform the agent that they have a buyer. The fact that you know the property is for sale because they have a board outside means that it is the EA who has effected the introduction and therefore they are entitled to be paid their agreed fee.

AndrewSmith

Also before you put up a board yu need to check with your local athprity that you do not breach planning regs by doing so.

Some buildings or sites are not allowed to have boards.

Similarly you are not allowed to place the board on any land or fence etc that you do not directly own, eg road verge etc.

Andy

welnik

Thanks for your info.This is what I have signed..........

"Sole agency appointment

We will be your sole agent from the date of this agreement for a min period of 8 weeks. After this period either you or we can bring the agreement to an end by giving the other at least 14 days notice. You will not appoint another agent to sell your property until the agreement is brought to an end.

Also, You will be liable to pay remuneration to us in addition to any other costs or charges agreed if at any time unconditional contracts for the sale of the property are exchanged

. with a purchased introduced by us during the period of our sole agency or with whom we had negotiations about your propery during that period, or
' with a purchased introduced by another agent during that period.

Our remuneration is payable in full if contracts are exchanged after this agreement has been bought to an end and we introduced the purchaser or had negotiations with the purchaser during the period of this agreement."

I must admit, I was persauded to put the property on the market for £3,000 less than I wanted to. After 4 days on the market, I have had an offer, but Im a bit suspicious to be honest.

The EA was due to show the offeror round and was late. I invited them in anyway and was chatting to them and they said they had a house to sell which wasnt on the market. They viewed on Sunday and im presuming they made an offer on Monday. I telephoned the EA on Tuesday to ask something and he mentioned that these people had made an offer at £8,000 less than we are asking and that he had said that we wouldnt be interested (even though no contact was made with us), and then they apparently came back with a figure which is £5,000 less. They have also now said that they are First Time Buyers. The EA was very chatty with them and said that he "knew" them, on what basis, I dont know. Another odd thing was that the two people looking round prior to this sounded really positive and when I said this to the ea, he said "dont count your chickens b4 they hatch" and was very negative really. Then when these people came round, he made a special effort to point out that these people would definately make an offer! I think he knows them. After watching that Whistleblowers programme last night, Im very suspicious.

The thing is, that unless we get near our asking price, we cannot afford to move and I have made this quite clear to the EA.

What do you think?

Jorgan_2

Seems a bit odd that they have told you one thing & the agent something else. Doesn't mean the agent is doing anything wrong or underhand, the buyer may be trying to pull a fast one.

Your agent is duty bound to put all offers forward to you promptly & in writing, this is unless he has it in writing from you that you will not consider offers under a certain level. The fact that he hasn't may be a point for concern.