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House we want has changed agent?

The seller of a house where we put in a low offer (and were rejected by) has decided to change estate agent. We had planned to wait a couple of months, then go back and re-offer (and possibly negotiate slightly upwards). If I do that, how would I make the offer - through the new agent (who has technically done nothing to introduce me to the seller) or the old agent?
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Comments

  • azkaban420
    azkaban420 Posts: 815 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    You'd need to go through the old EA as they introduced you to the property, and thus the commission would be due to them if you went on to buy. How the seller and second EA take this is another matter, because if the seller has broken bridges with the previous EA they may not want to deal with them again.

    Good luck!

    Az
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    I would go back to the vendor direct and ask how to handle it. Vendor has to deal with the agents.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • betmunch
    betmunch Posts: 3,126 Forumite
    Go to the Vendor direct, dont mention your plan!!!

    The vendor will have to pay the agent that introduced you to the property so you will not get any help from the second agent as they will not get paid, in fact if anything they may try harder to get a buying in a better position than you so they havent wasted their time marketting the property only for the first agent to get the commission.

    Straight to the Vendor is the best option. Can you do this?
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • ehlo
    ehlo Posts: 397 Forumite
    Part of the Furniture 100 Posts
    Surely as the buyer you have no contract with either EA so it would make sense just to put in another offer via the second EA?
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You can only make an offer to the agent who is actively marketing the property, surely?

    The old agent won't be actively marketing it after the new agent takes over, so if you want to make an offer, it has to be to the new agent.

    It's then up to the vendor, old and new agent to decide amongst themselves who gets paid what...... not you.
  • betmunch
    betmunch Posts: 3,126 Forumite
    No, the second EA will not get paid if the OP buys it as it was introduced to them by the first EA.

    If you go via the second EA where is their incentive to co-operate? They will do anything they can to find a new buyer including holding up the sale while they look for another buyer.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • milliebear00001
    milliebear00001 Posts: 2,120 Forumite
    Thanks to all. I can go direct to the vendor as we live in the same town. Would prefer to deal withan estate agent though really - as it seems less 'personal' that way somehow, and easier to negotiate on the state of the property etc. Guess I'll just have to do that. I'm guessing the original agent will be able to claim their fee though if the they find out?
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Thanks to all. I can go direct to the vendor as we live in the same town. Would prefer to deal withan estate agent though really - as it seems less 'personal' that way somehow, and easier to negotiate on the state of the property etc. Guess I'll just have to do that. I'm guessing the original agent will be able to claim their fee though if the they find out?
    You are missing my point, which is not that you should deal with the vendor direct, but that you should approach the vendor to find out how they would like you to proceed.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • How long after making your offer did the agent change? How long has it been on the Market?

    If has been on a while it could be that the initial agent considered your offer sensible and knows that the property won't sell for the amount that is asked. If a vendor keeps refusing offers the agent considers to be ok they may have refuse to continue marketing it as they will have to continue working on the property knowing there is little chance of a sale.

    Go through the new agent with the same or lower offer in a few month or two.
    Debt Is Slavery.
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I don't see how EA 1 can accept an offer on a property where they no longer have a mandate/instruction to sell it.

    EA 1 has been dis-instructed. A new agency EA 2 has been instructed. The new agency will have either Sole Agency to sell the property, or Sole Selling Rights. Both of these imply that EA 1 no longer has any right to market or 'sell' the property.

    Or am I missing something?
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