Selling privately

Limana68

HI there
My cousin has had her house up for sale with an Estate Agent for the past 5 wks- my brother has now agreed to buy the house from her and she wants to withdraw it from the market because of this. Does anyone know whether she will still have to pay the estate agent fees or not?

Thanks for any help

Li

anniecave

what does the estate agent paperwork say? did you agree for them an amount to promote it anyway or a payment only if sale was completed through them?

If it's just a fee if they get sale then say you have changed your mind about selling, take it off the market, and deal privately with your brother

Jowo_2

I've read somewhere, (can't remember if it was on a forum or I read a newspaper article) that estate agents that get suspicious will check land registry websites for sales to identify breaches of contract with their clients. sorry if I am guilty of spreading a rumour rather than reporting a fact. Perhaps someone else could verify this?

G_M

Jowo wrote: »

I've read somewhere, (can't remember if it was on a forum or I read a newspaper article) that estate agents that get suspicious will check land registry websites for sales to identify breaches of contract with their clients. sorry if I am guilty of spreading a rumour rather than reporting a fact. Perhaps someone else could verify this?

True.
And in these hard days for agents they'll chase fees wherever they can.

Depends on the contract you signed with the agent. Read it and see!

Limana68

Thanks guys
Shes going to have a look at her contract. She dosnt know whether to just tell the agent she has sold it privately to a family member or whether to take it off market and then not tell them and then just sell it to my brother- she dosnt want to get into any trouble. I didnt know if there was any thing they could do re the fees if it was a private sale and not due to the fact that they have shown anyone round ( ie my brother) then she has gone off behinfd their backs and sold privately. In effect my brother hasnt gone anywhere near the estate agents where the house is advertised, he has gone through my cousin to view it etc.
Thanks

googler

Tell her to read her contract with the EA.

That should make it clear whether or not a fee is due if the house sells to another within the period of their agency.

Nosht

A few years ago I sold a shop privately which had been advertised on an Estate Agent's books for a few months. The estate Agent had the cheek to try to claim that I should pay him a fee for this sale even though he could not find a buyer for it - I was "morally obliged" to pay him he claimed. I TOLD HIM WHERE TO GO & TO SUE ME IF HE THOUGHT THAT HE HAD A CASE, HE NEVER DID.

Regards,

N.

googler

Yes, but did you have a written agreement with him, and did it specify that his fee would be paid, regardless of where the buyer came from, during the period of that agreement?

Nosht

No contract, just 'phoned up & put property on market. Never read their T. & C.

Regards,

N.

Spangled

FWIW, I had my flat on the market with Foxtons (:mad:) back in Nov 2005 on a no-sale no-fee basis. After four weeks of no offers, my upstairs neighbour offered to buy it from me direct. I phoned up Foxtons, told them what happened and they were happy with that. They wanted the name of my neighbour "for their records" but didn't give me a hard time over it and I didn't hear a word from them again. I completed the sale of my flat to my neighbour two months later (and saved myself several thousand in EA fees into the bargain).

Limana68

Thanks alot guys
My cousin rang her solicitor yesterday to inform them about the sale etc and he couldnt believe the estate agent and he says its not right to charge but like you say they have you by the short n curlies so to speak for doing no work!