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How do you minimise the double commission risk with EAs
pastmybest
Posts: 577 Forumite
If I were to change EA, after reading this forum for long time I would be very worried about the risk of double commission. Where the first agent says they introduced the buyer as they had sent them details or something like that.
Is there any way I can really safeguard against this?
Is there any way I can really safeguard against this?
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Comments
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When you give notice to the old agents, ask them for a list of clients they have introduced to your property. Inform them that anybody not on that list will obviously not qualify for commission and that you expect that list within one week.0
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When you give notice to the old agents, ask them for a list of clients they have introduced to your property. Inform them that anybody not on that list will obviously not qualify for commission and that you expect that list within one week.
Good idea in principle but I know where a pal tried this and the first EA said not prepared to issue a list as breached Data Protection Act.0 -
Surely they can only say they introduced them if they had viewed the house and you would know them from that wouldnt you?
They cant claim commission just for telling someone that a house is for sale can they?0 -
Data Protection is not an excuse, all you want are the names and it would be perfectly reasonable for an agent to tell you the names of viewers. There has also been a case (Foxtons I think), where it was held that to claim commission the first agent must actually introduce the buyer to the sale, not just arrange a viewing or give out details. Basically, this means that agent number 1 would have to agree an offer with you and the buyer.Scar tissue that I wish you saw, sarcastic mister know it all, close your eyes and I'll kiss you cause with the birds I'll share this lonely view.0
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Claiming this is a complete abuse of the Act. As they are agent of the seller, everything they do is deemed to be with the knowledge of the seller.pastmybest wrote: »Good idea in principle but I know where a pal tried this and the first EA said not prepared to issue a list as breached Data Protection Act.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Surely they can only say they introduced them if they had viewed the house and you would know them from that wouldnt you?
They cant claim commission just for telling someone that a house is for sale can they?
I am just not that sure as I have never seen anything that confirms this. Not even on this forum from EA's themselves??0 -
princessamy86 wrote: »Data Protection is not an excuse, all you want are the names and it would be perfectly reasonable for an agent to tell you the names of viewers. There has also been a case (Foxtons I think), where it was held that to claim commission the first agent must actually introduce the buyer to the sale, not just arrange a viewing or give out details. Basically, this means that agent number 1 would have to agree an offer with you and the buyer.
As my post just done there is still doubts unless someone knows differently?0 -
DVardysShadow wrote: »As they are agent of the seller, everything they do is deemed to be with the knowledge of the seller.
You sound like my solicitor in connection with a previous tiff with my EA. My solicitor said what you said and almost word for word. Scary you aren't my solicitor are you?0 -
http://www.bailii.org/ew/cases/EWCA/Civ/2008/419.html
That's the case that went to the Court of Appeal. It's clear that although the first judge ruled on behalf of Foxtons, the Court of Appeal held that Foxtons did not introduce the eventual buyer to the sale, despite the initial viewing being arranged through Foxtons. Hope that helps.Scar tissue that I wish you saw, sarcastic mister know it all, close your eyes and I'll kiss you cause with the birds I'll share this lonely view.0 -
I can't tell you, due to Data Protection laws.pastmybest wrote: »You sound like my solicitor in connection with a previous tiff with my EA. My solicitor said what you said and almost word for word. Scary you aren't my solicitor are you?
Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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