estate agent, no contract help please

mrsv05

Hello, we changed estate agents and they were in a rush to market our house. we have a buyer but where do we stand with their fee? do we have to pay them as we do not a contract? our old agent technically found the buyer. help will be a great, thanks

G_M

Did you have a sole or multi agency agreement with your first agent?
Did you agree a sole or multi agency agreement with the 2nd agent?

If there is no written contract you could deny all liability towards the new agent, though in law, a verbal contract is just as binding. It becomes a question of proof.

mrsv05

hello and thanks, we were with our 1st agent (current) ages ago. sole agency. changed over to another agent (sole agency). during the last week of our 2 week norice to them, they had an enquiry about our place. they then refered them onto our new agent for further viewings. during our 2 week peroid we told the new agent that we were still under contract but they said its a chance they'd take, they just wanted it on their books already. so just as our contract rang out with one an offer came in and was accepted. so there is no contract. i just wonder where we stand. thanks for help

G_M

Sounds like you have a verbal contract which never started. The new agent agreed to 'assist' the original agent and accepted that the purchaser was introduced by agent 1. Since the sale was agreed before the new verbal contract started, the new agent has no claim on you.

macaque_2

mrsv05 wrote: »

Hello, we changed estate agents and they were in a rush to market our house. we have a buyer but where do we stand with their fee? do we have to pay them as we do not a contract? our old agent technically found the buyer. help will be a great, thanks

The first job of an estate agent is to find a buyer. Your agent found the buyer so pay them what you agreed.

mrsv05

no they didnt, the old agent did (well buyer saw it on rightmove and had first viewing through them)

mrsv05

G_M wrote: »

Sounds like you have a verbal contract which never started. The new agent agreed to 'assist' the original agent and accepted that the purchaser was introduced by agent 1. Since the sale was agreed before the new verbal contract started, the new agent has no claim on you.

agent 1 booked 1st viewing but must have told them to go through agent 2 as he asked who he had to deal with, even though they had another week running. agent 2 booked the other viewing (3 days before contract officially ended with agent 1) and offer made a week later. no contract ever signed so how does it work? do we have to pay anyone at all?

23rdspiral

what does your 1st agent contract say in the small print?
if we move agent, the first agent would still get the full commission for introducing them if they bought within 6 months of seeing the house with them. all the agents round here have that in their contract.