May have found my own buyer - EA fee?

pastmybest

LandyAndy wrote: »

If your friend's friend agrees to buy then terminate your contract with the EA and ask them to provide a list of the people who they feel they have introduced and who would give rise to commission being paid if they bought your house. Your friend's friend won't be on that list and you will be able to sell to them with a clear conscience and no liability.

http://forums.moneysavingexpert.com/showthread.html?t=2302659

But I have read nothing that says the EA must give you a list ... see above thread?

Unless anyone knows better yet?

googler

If they don't provide a list, tell them they waive their right to a fee if the property should sell to anyone they introduced.....

pastmybest

googler wrote: »

If they don't provide a list, tell them they waive their right to a fee if the property should sell to anyone they introduced.....

It's all very well telling them this but much more reassuring if there is a point of reference that says they must provide a list. Also even if you tell them, as you suggest, can you honestly say that would stand up in a court of law.

Doubt, Doubt and Doubt and is a very woolly part of the legislation within which EAs work? And it is not covered by NAEA, OFT, The Estate Agency Act or Obmudsmen schemes.

googler

I'm no legal expert, but I would think if an EA tried to sue a seller for commission, and that seller could prove he'd sent a recorded delivery letter to the EA to this effect (possibly also an e-mail, or a phone call), and the EA hadn't then provided a list as requested, to either the seller or the seller's new agent ........ I'd like to think the court would side with the seller.

It is covered in both the OEA and NAEA codes of conduct, just not to the degree of detail you seem to expect.

Do you think Parliament needs to legislate on this point of detail?

pastmybest

googler wrote: »

I'm no legal expert, but I would think if an EA tried to sue a seller for commission, and that seller could prove he'd sent a recorded delivery letter to the EA to this effect (possibly also an e-mail, or a phone call), and the EA hadn't then provided a list as requested, to either the seller or the seller's new agent ........ I'd like to think the court would side with the seller.

Do you think Parliament needs to legislate on this?

I'd like to think the same as you but after being in business for a very long time one must be prepared for the odd surprise or shock especially with court cases. I think I may be too thorough at times but have the time now to try and get prepared.