Private Selling

babyd32

Just a quick question.

In theory if a person is selling their house via an Estate Agent and also places a private advert via the internet, and a buyer comes via the internet (and this can be proved) would the estate agent fees be payable?:D

Debt_Free_Chick

Difficult. I think you would need to demonstrate that the buyer's interest is not down to the EA's advertising. Or the EA would need to demonstrate that it was.

e.g. you have the EA board outside your house. A potential buyer researches and finds your details, direct, on the internet. The EA would argue that their board resulted in the interest and the possible purchase.

Just because the buyer contacts you via the internet does not, necessarily, prove that that is how they found out that the property was for sale.

Do you have a specific situation or is this an enquiry "just out of interest"?

babyd32

What if the buyer made contact via the internet site that had advertised the property and not somewhere the EA had advertised? Plus the EA wouldn't have any of his details?

Jorgan_2

It depends on the type of contract that you have signed with the EA. IF you have a signed sole selling rights agreement then the agent is entitled to the fee, even if you sold it to your parents. Under a sole agency agreement, you shouldn't, in theory, have a problem. It all depends on the wording of the agreement. Some agencts class an effective introduction as someone seeing the 'For Sale' board & knocking the door. The buyer was introduced via the agents board, if the board hadn't been up, the buyer wouldn't have known it was for sale.

Does the agent know the property is being advertised elsewhere?

babyd32

Sorry for being a bit vague

The agent hadn't been told as far as I know and I think the lead came through before the board went up. It is a sole agency contract, not sole selling.

Jorgan_2

In that case you shouldn't have a problem but check what you have signed, each case is different. Its always best to be upfront & tell the EA that you are marketing yourself, there shouldn't be any nasty surprises for any body.

Is your buyer in a position to proceed?

babyd32

Thanks for the replies.

Yes the buyer is ready to proceed - no chain as he is an investor and the price offered is very good. I know the vendors are looking to move quickly as they need to move to a bigger house (which they have found) due to the equipment they need for their disabled child.

(sorry I'm waffling now)