Private Sale. Do I have to pay Estate Agent There Fee?

fleetingmind

We currently have our house on the market with Ibbett Mosley as from Friday 7th July. We have had a few few people round to view it. Our church has a Update leaflet each week and we had it advertised in there as well the Sunday before (Sunday 2nd July).

A friend of our family and a member of our church was left allot of money and is looking to buy a property with it (over 200k). My mother in law and wife have spoke to him about our place the Tuesday in between the Update and Ibbett Mosley (Estate Agent) putting it on the market and is very interested.

He is coming to look round tonight a s we had to cancel Sunday. When I spoke to him early this week he said he had been sent our details through post.

If he does buy it I assume we would not have to pay a fee to Ibbettt Mosley as we introduced him to it first and is a fellow church member and family friend. Although he has been sent our particulars. He is viewing our house as a friend not through the estate agent.

Would you and estate agent agree?

Not saying he will be buying it but just covering bases early in case he does.

Cheers.

Hillfly

I think if the agent has sent your friend the details you may have an issue - you will need to prove that they were not the person who introduced you.

My suggestion would be to talk to the estate agent immediately and let them know about your friend now - that way it will not be an after the event thing - and also may spur the agent on to find you some buyers!

MissMotivation

Its depends on how your agreement is worded, I would have to see it to advise you correctly. Alternatively speak to your agent and explain the situation. The worst thing you can do is to try and pull the wool over the agents eyes

dave49

If they have 'sole agency for a particular period' you may have to pay - it is worth talking to them as they may back off - or spurn them to find a better offer

courtjester

It depends on the facts of the introduction.

The agents contract will say that they can charge commission if the property is sold to a buyer *they* introduced during their sole agency period (assuming you have a standard sole agency contract).

If you are saying they did NOT introduce the buyer, but that the viewing is following direct contact with the buyer due to a private ad in your church notice, then you will in theory not be liable to pay the agent anything.

However, you seem to have muddied the water by saying that the buyer has had 'the particulars' - presumably you mean that they have registered with your estate agent and been sent your property details by them. This makes it more difficult to prove that the agent did not introduce them.

Normally, it would be in your interest to confirm in writing to the agent any buyers who have expressed interest in your property prior to the commencement of their agency on your behalf, so that the names of these buyers can be agreed as excluded from the agency contract in the event that one of these should go on to buy the property.

It sounds like events have overtaken you and it is now too late to put this in place, so I suspect it depends on your relationship with the agent and whether they are prepared to take a professional view of this particular introduction.

Best thing is to arrange a meeting with the agent and discuss the ramifications with them - they may well feel entitled to consider that *they* introduced this buyer as they have registered and sent your details to them prior to any viewing and /or offer being made, in the absence of any information received from you to the contrary.

If you show them the dated church notice with your advertisement and review their own records for handling of this particular buyer, you may well be able to work out a sensible settlement for sale to this buyer on an amicable basis, but you do seem to be starting from a less than favourable position contractually.