Estate agency fees

ievers

I am currently selling a property and I think my Estate Agent is trying to get me for some extra commission that I don't owe. I need someone who knows something about property and contract law.

The issue is really that I had my property for sale with a single agent but then discussed going to dual listing with a second agent. I agreed with both agents that I would progress with a dual listing approach and was asked to sign a contract with the second agent so that they could start marketing however, before I got the chance to sign (a matter of about 4 hours) the first agent had an offer for me – I have signed nothing with the second agent. From my perspective, I have had not had the benefit of dual listing and have signed nothing to that effect therefore, I believe I should be charged the sole agency fee however, the first agent disagrees and I want to know where I stand legally – what constitutes an instruction? Is verbal agreement enough?


Any advice/help you have would be very useful.


Thanks

mchale

1st of all are you going to accept the offer made via the 1st agent?, if you are I don't think the second agent will take it very far, because as you have stated the is no written contract, they could try and sue you on the verbal agreement but most solicitors would advise taking that to court, also the offer came within 4 hrs of you verbally agreeing so I could not see how the second agent would argue they earned their commission

natters_2

I personally wouldn't think you should have to pay dual fees to the 1st agent - but then again - my asking an EA to visit and value seems to be a binding agreement acording to that agent!

I think they are making it up as they go along at the minute

G_M

I agreed with both agents that I would progress with a dual listing approach

Did you terminate in writing your sole agency agreement with 1st agent? What notice period does the sole agency agreement show in the T & Cs? What period of notice did you give (either orally or in writing)?
Subject to the answers above my guess is the 2nd agent has no claim on you, and 1st agency should be charging you the sole agency commission rate.

Which association are they part of? The reputable agencies all belong to one (ie NAEA) which have codes of conduct and will investigate disputes.

Benji_Brown

If you havn't signed a contract I presume that they hadn't even started to market the property. Personally, I do not think that the second agent has a leg to stand on and of everything is as you said, it is absurd that they are even trying.