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Estate Agency Agreements

We have an agreement with an estate agent (12 weeks). 5 weeks in and friend of a friend has viewed our house (she is not registered with any estate agents). She came to view it direct and is keen.

Where do we stand with regard to our estate agent. Do we have to wait 7 weeks and then sell direct to her.

Or could we take our house of the market and sell to her now? Would the estate agent have cause for complaint (legal) against us?

Thanks

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    What kind of agreement do you have with EA?

    If 'sole selling agreement' then they are due their commission whoever buys the prperty - but these are rare.

    If 'sole agency' they are due commission if your buyer is introduced by an EA - any agent.

    If 'multi agency' they are only due their commission if they introduce the buyer.
  • I would have thought sole agency but I will check this at home. They have done a great job (although not sold it). Obviously would rather not pay the commission though. Thanks for replying.
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    How did your friend find out that your house was for sale?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    googler wrote: »
    How did your friend find out that your house was for sale?

    Er... at a guess.... they're a friend?
  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    G_M wrote: »
    Er... at a guess.... they're a friend?

    Did the OP TELL the friend that they had the house for sale?

    Did the OP's friend find out via the EA's advertising then approach the OP?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    googler wrote: »
    Did the OP TELL the friend that they had the house for sale?

    Did the OP's friend find out via the EA's advertising then approach the OP?

    Either way, no commission is due unless either there is a sole selling agreement or the agent actually introduced the buyer.

    If the buyer saw the house in the agent's window, or newspaper ad, worked out whose house it was, and went direct to the OP without ever approaching the EA, no commission would be due.
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