What does "Introduced" mean when sacking an Estate Agent?

pastmybest

Time and time again, on the forum, I read of people who wish to sack one agent and appoint a new one. I have read diverse definitions of what the word "introduced" means but by now there may be more up to date views or information or case laws that have proven the definition.

Can anyone help with this as the word can mean any of the following: -

1) Who viewed. (pretty fair I guess)

2) To who the EA sent full details. (not so fair)

3) Even those who had been a general list featuring the house. (not fair at all)

This is the extract I have found in many of the booklets I have read from Ombudmen types of web sites.

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If unconditional contracts for the sale of the property are exchanged after the expiry of the period during which we have sole selling rights but to a purchaser who was introduced to you during that period or with whom we had negotiations about the property during that period.

anamenottaken

pastmybest wrote: »

If unconditional contracts for the sale of theproperty are exchanged after the expiry of the period during which we have sole selling rights but to a purchaser who was introduced to you during that period or with whom we had negotiations about the property during that period.

Can't help with legal case/precedent but personally I would be less worried about the "introduced" word here because it is followed by "to you". I would be much more concerned by the "or with whom we had negotiations about the property" part. What constitutes "negotiations"? That could have been without your knowledge.

pastmybest

anamenottaken wrote: »

Can't help with legal case/precedent but personally I would be less worried about the "introduced" word here because it is followed by "to you". I would be much more concerned by the "or with whom we had negotiations about the property" part. What constitutes "negotiations"? That could have been without your knowledge.

Yes very good point in that it does say "to you" and the only ones are therefore are those that viewed.

But after re-reading the paperwork the words are slightly diffrent in another section where it says "was introduced by us"

I heard of a case some years ago where the EA claimed commission based on a list of houses including the one in question. The EA took it to court, the seller sought legal advice which was it would not stand up in court but said on the wrong day you never know. So the seller, who was in very poor health, felt so stressed he paid a settlement just before it reached the day of the court case. Not sure of the detail but the claim was £6,000 and he paid it off for £3,000'ish.

googler

anamenottaken wrote: »

Can't help with legal case/precedent but personally I would be less worried about the "introduced" word here because it is followed by "to you". I would be much more concerned by the "or with whom we had negotiations about the property" part. What constitutes "negotiations"? That could have been without your knowledge.

Negotiations could mean

"a viewer saw the property in the window and walked into the EA's office to ask about it"

or

"the viewer phoned the EA and talked about the property"

or variations thereof.

pastmybest

Found this link after searching for last hour or two which could be a useful link for others in the same position.

http://www.which.co.uk/advice/dealing-with-problem-estate-agents/rejecting-a-commission-claim/index.jsp