Do I have to pay the estate agent fees?

Keykey

Hello, I've just had my property valued by a few agents, one of whom sent someone round to view the house the next day, and turns out they want to buy it. I've not decided which agent to go with yet if any, there has been no verbal agreement, not signed or seen a contract, no pictures even taken. It has definitely not gone on the market, partly as I was hoping to have a think and possibly go for a private sale as I'm trying to save money after a recent pay cut! I'm not someone who wants to make a quick buck, or scam the agents out of any money they might deserve, but if I agree a sale with the potential buyer, am I legally obliged to pay an agent fee, despite one not being agreed on in the first place?

jackomdj

Although it sounds strange them sending someone round before you are on their books the short and is yes you will owe them. However I would be inclined to negotiate a good commission rate as they have done little work

Incyder

It could be a 'trick' to make you go with them and get you signed up.

That person could have been a friend of the EA who may 'vanish' once you have
taken the bait, and signed a contract.

TrickyDicky101

jackomdj wrote: »

Although it sounds strange them sending someone round before you are on their books the short and is yes you will owe them. However I would be inclined to negotiate a good commission rate as they have done little work

How do you work that one out? No signed contract means nothing to contractually oblige payment of a fee. Give 'em a box of chocolates if you feel some debt is owed.

3rd poster's caveat applies though.

DVardysShadow

I agree with Incyder. Personally, I would not accept viewings prior to contract, because it restricts your freedom. I would suggest you make your choice of Agent regardless of this and if it is a different agent, inform them of this development and your intent to proceed if this viewer does make an offer and hear their advice. Agree an commission with the first agent for the one viewer only and insist that the Agent provides you with a name and address - let the second agent know the viewers details. If Incyder is right, this viewer will disappear from the radar very rapidly - you won't get a name or address. Don't be heartbroken if it pans out like this, of course.

Keykey

Thank you all very much , useful advice. The buyer seems real enough, came back when we were out and left us a note with details, has since emailed with offer, said not keen on the agent being involved, sent details of other flats seen in area I guess to make the offer seem reasonable. In the end would rather do the right thing, and not feel the stress of doing things backwards or according to someone else's preferences, even though would like to leave the agents out too! Thank you, given me something to think about and certainly feel like I would prefer to have the control of the sale and more choice really.

Doozergirl

TrickyDicky101 wrote: »

How do you work that one out? No signed contract means nothing to contractually oblige payment of a fee. Give 'em a box of chocolates if you feel some debt is owed.

3rd poster's caveat applies though.

Rubbish. By accepting their service, the contract can be assumed. They owe the agent a fee. It's silly not to discuss fees etc before commencing viewings and you shouldn't have had viewings without an EPC really, but that's hardly the end of the world.

Always amazes me when people think the agent isn't entitled to much of a fee for finding a buyer quickly. Like people would prefer to wait longer for a buyer...

I agree though that if you haven't negotiated the fee, then I'd definitely be sticking at that 1% mark, or less - I guess it depends on what their normal fee is.

Keykey

Yes, I think it could be easily argued there was an 'agreement' if they sent someone round, so whether legal or not I suppose it comes down to a moral choice a well. It all feels rather aggressive though in some ways: the buyer wanting to keep agent out, and the agent sending someone round without asking if we want them to act for us, not showing us a contract, and that should be part of their service - to arrive with the buyer and discuss terms. I guess there's a steep learning curve for first timers.

ashleypride

Doozergirl wrote: »

Rubbish. By accepting their service, the contract can be assumed. They owe the agent a fee. It's silly not to discuss fees etc before commencing viewings and you shouldn't have had viewings without an EPC really, but that's hardly the end of the world.

Always amazes me when people think the agent isn't entitled to much of a fee for finding a buyer quickly. Like people would prefer to wait longer for a buyer...

I agree though that if you haven't negotiated the fee, then I'd definitely be sticking at that 1% mark, or less - I guess it depends on what their normal fee is.

Morally of course she should be paying the EA something if they want to go ahead with the sale to that buyer. However, how can a contract be assumed when one is not privy to the details of that contract? There is no contract here, verbal or otherwise. The EA was stupid to introduce a buyer before any contract signing.

Doozergirl

Keykey wrote: »

Yes, I think it could be easily argued there was an 'agreement' if they sent someone round, so whether legal or not I suppose it comes down to a moral choice a well. It all feels rather aggressive though in some ways: the buyer wanting to keep agent out, and the agent sending someone round without asking if we want them to act for us, not showing us a contract, and that should be part of their service - to arrive with the buyer and discuss terms. I guess there's a steep learning curve for first timers.

If there was any saving to be made by not using an agent then it's your saving to be had, not the buyers. And when the EA checks the land registry to see what happened to your house and their hot buyer, it's you they will chase. There has been a thread before about this scenario.

But you have used an agent. By accepting a viewing, you have accepted their service and I'm guessing you also know how much they charge if they came round to value it. By the sound of it, you might want to continue using their services to keep this rather pushy buyer in check. The service isn't limited to just finding viewers.

TrickyDicky101

I think you're wrong Doozergirl - unless these have been spelled out (eg in a written contract) how on earth can you accept an EA's terms and conditions? Unless that EA has expressly set them out in advance of the viewing (which (s)he may have - perhaps OP could clarify?) then I don't see how the OP can be bound by them. It's not reasonable to expect Joe Public to reasonably know what the usual T&Cs are of EAs - especially if they haven't sold a property before. I know I didn't know about sole agency/seller/initial introduction terms before I started digging into it.