Cancelling an agent but how to make them give a list of potential commission claims

pastmybest

I have read this one so many times on the forum but am still very unsure about ones rights with the legislation to which EAs work and which should cover double commission claims.

So can anyone give the legal position and any web links that outline it?

Where you sack an existing agent, after the minimum period and with the correct amount of notice how can you remove the risk of double commission. You say ask for a list of clients with who the first EA feels he may be justified in claiming the fee. But does the EA have to provide this list?

Can you appoint a new EA on the basis of any old EA claim they will share it with the old EA?

princeofpounds

You write to them, preferably recorded delivery, to ask them for a list of people they consider they have introduced to the property.

They may have to provide this under the terms and conditions you have agreed for their service, but equally they may not have to. However, their position is very weak if they do not provide it.

Can you appoint a new EA on the basis of any old EA claim they will share it with the old EA?

In theory yes, if the contract is properly negotiated and the wording it good. But I doubt anyone would accept.

googler

I doubt there's any law or statute which covers this situation, but I'd recommend, as per a previous poster, writing to the sacked EA, recorded, asking for a list of their introduced viewers/clients/prospects, but with the addition in the letter along the lines of;

"If such list is not provided within x days / x weeks of this letter, I shall assume you waive all rights to any commissions should any viewers/clients introduced by yourselves should go on to purchase my property"

MissMotivation

I agree with the above two posters. In fact, it's in the agent's interest to provide a list of viewers as if it sells to any of them then they will be able to claim their fee.

pastmybest

MissMotivation wrote: »

I agree with the above two posters. In fact, it's in the agent's interest to provide a list of viewers as if it sells to any of them then they will be able to claim their fee.

My only problem all EAs in my area will only deal with you if you do Sole Selling Rights so I would potentailly be into double commission:( Even without this if I am able to sign Sole Agency with new EA I am still liable???

princeofpounds

My only problem all EAs in my area will only deal with you if you do Sole Selling Rights so I would potentailly be into double commission:( Even without this if I am able to sign Sole Agency with new EA I am still liable???

Try agreeing to give sole selling rights on all transactions EXCEPT those that involve the list of previously-introduced people.

pastmybest

princeofpounds wrote: »

Try agreeing to give sole selling rights on all transactions EXCEPT those that involve the list of previously-introduced people.

But where the new EA is Sole Agent I assume it must preclude any on the list. Yes it must .... I am talking to myself now. That's what EAs can do to your mind .... addle it?