estate agents!!

wiwori_steve

I have just given 28 days notice to my current estate agent as I have not been happy that they were doing much to sell my house. I am currently deciding which agent will replace them. Halfway through the notice period I have received a letter from them saying that, even after the notice expires and the contract ceases, if I go with another agent but subsequently sell to someone who first viewed my house through them that I will have to pay them the 1% from the the ceased contract.
Is this legal? or are they just being unethical and trying to frighten me into staying with them?

USM

Seems perfectly reasonable to me?

If they introduced the buyer, surely they should be paid?

giddypenguin

Of course, they have spent money on advertising - and if that advertising results in a sale then they should be paid for that service.

Gwhiz

It is legal BUT there is a time limit that this is legally enforceable (6 months I think)

You should get a list of all people who viewed through the EA and give that to the new agent. The everyone is clear as to who gets commission if an old viewer turns up in the next few months.

mandi

The information they gave you is correct .

wiwori_steve

the agent hasn't paid for any advertising. every advert has been billed to me including the one that used out of date pictures and text.
ok, so if I have to pay them do I also have to pay the new agent that I go with? Or do I only pay the agent that introduced the buyer?
The people who are interested in my house have had no offers on theirs yet so it may not happen anyway (that makes the six month thing interesting), I just like to know where I stand.

DVardysShadow

wiwori_steve wrote: »

I have just given 28 days notice to my current estate agent .... if I go with another agent but subsequently sell to someone who first viewed my house through them that I will have to pay them the 1% from the the ceased contract.
Is this legal? or are they just being unethical and trying to frighten me into staying with them?

They do have some rights here, which you should respect.

Write to them now and give them 7 days notice from the end of the contract to provide you with a complete list of viewers fro which they would claim commission in the event of a sale. Keep a copy.

Doozergirl

YOu need to clarify the agreement between the two agents.

Ask your current agent for a list of viewers. Give that list to the new agent and discuss it with them. They are usually happy that the original agent gets the fee (in reality, if they weren't buying your house then, they're unlikely to come back after a real length of time unless you knew they wanted it but they had to sell etc)

Most agents agree that this should stand for 6 months, after that point it belongs to the new agent, regardless of who they are. I would write to ask for that list and tell them that you are happy with this arrangement but only for a period of 6 months...

G_M

the agent hasn't paid for any advertising. every advert has been billed to me including the one that used out of date pictures and text.

You need to read the terms of your agreement with the agent. It is unusual to be paying for advertising yourself - most agreements are based on the vendor paying a fixed fee or % fee to the agent if/when a buyer is found. The agent pays for all the costs of finding the buyer.

If your agreement is different and you are paying the agents costs as you go along, then the fee for finding a buyer may not be payable.

However noone here can answer this for you. Read your terms of business with the agent.

Doozergirl

G_M wrote: »

You need to read the terms of your agreement with the agent. It is unusual to be paying for advertising yourself - most agreements are based on the vendor paying a fixed fee or % fee to the agent if/when a buyer is found. The agent pays for all the costs of finding the buyer.

If your agreement is different and you are paying the agents costs as you go along, then the fee for finding a buyer may not be payable.

However noone here can answer this for you. Read your terms of business with the agent.

It's not that unusual to have a fixed fee and have to pay for advertising/brochure yourself. Especially at the higher end of the market where adverts in larger publications cost a pretty penny; the vendor chooses whether they go in or not.