Do I have to pay the estate agent fees?

Soniclord

Keykey wrote: »

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?

IF you agree a sale then they'll tell you you have to pay them a fee which you would if you signed something, but if you don't sign anything and decide not to go with them, tell them to shove the fee they request where the sun doesn't shine as you will owe them nothing and they can't enforce it either.

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 will he? If they send someone round 'before' the OP is on their books he doesn't owe them anything! Because they chose to send someone round he didn't ask (that's what it sounds like to me anyway) therefore the OP owes nothing.

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.

Exactly. And don't even give them a box of chocolates! Eat them yourself as they don't do enough to warrant the fees in the first place.

jackomdj wrote: »

But surely this is the same as starting a job without signing a contract, or a rental without signing. By accepting the viewing you have accepted that there is a contract in place.

That's different and you know it! If someone starts a job without signing something then obviously he's accepted the job offer therefore it's a deemed contract...

But if an agent decides off their own back to send someone round to the OP's house then there is NOT a contract in place as the OP didn't tell them to send someone. The agent chose to do it!!

sonastin wrote: »

They can argue a contract has been formed when you accepted the viewing.

Rubbish..

That's like mates coming round uninvited, you inviting them in because their already there now. And then when they view your living room them turning round and saying right you owe me a fee for allowing me into your house to view your living room!! Utterly unenforceable and laughable at best.....

Doozergirl

Soniclord wrote: »

That's different and you know it! If someone starts a job without signing something then obviously he's accepted the job offer therefore it's a deemed contract...

It's sounds pretty similar to me!

So you invite three people around to interview them about a job. They all tell you how much they'd like to be paid but one of them actually says 'I could start on Monday if you like' and you say, 'Oh yes, that would be nice'. Said person turns up, starts the job and you decide that because they asked you if they could start, there isn't actually a contract in place you didn't actually invite it and therefore don't need to pay them for their work? It's exactly like that.

Soniclord wrote: »

But if an agent decides off their own back to send someone round to the OP's house then there is NOT a contract in place as the OP didn't tell them to send someone. The agent chose to do it!!

You don't have to tell someone to do something. If someone makes a proposal and you agree it doesn't make it any less binding. You can't say "It wasn't my idea!" The agent cannot send someone in to view a house without the agreement of a vendor! They didn't just turn up and knock at the door, they must have had their agreement for it.

It's nothing like your mates turning up at the door - what possible contract could be assumed from that?

fred7777

Leaving aside the legal aspects for a moment the OP said:

"I'm not someone who wants to make a quick buck, or scam the agents out of any money they might deserve"

So the agent advertised the property, found a buyer and arranged a viewing. These are all services which they usually get paid for if they find a buyer and the sale goes through. So I would think they deserve some money, however as the terms of the contract have not been agreed it puts the OP in a perfect position to negotiate very hard on commission.

Legally, I suspect that if the OP went ahead cutting the agent out the agent could successfully sue as the OP had accepted their viewing, the lack of contract however would mean the court settlement would be based on costs and loss of earnings for the work done rather than commission the agent would have originally asked for.

pararct

The contract was formed when the seller allowed the agent to introduce his potential buyer.
By allowing this person to view (who was introduced by the agent) an implication can be drawn that a contract exists.

The only question as has been pointed out is to negotiate the fees/time frame and the seller will have some leverage in this.

The agent did jump the gun and as a consequence may not enjoy his usual terms but that is his lookout.

Clearly given some of the advice being given in this thread the OP is advised to seek a professional opinion before telling the agent to foxtrot oscar. Not to do so could be costly.

TwistedPsycho

Just a thought.

If the EA advertised the property for sale prior to any agreement being signed, surely the EA is actually advertising a property that they do not have the arrangement to sell.

I remember reading in a car dealers magazine that advertising a product for sale that has never been available, in order to upsell a more expensive model, can land you in very hot water. Surely something similar applies here because the EA is obviously advertising the property.

googler

I don't see anything to suggest the EA advertised the property, merely that they introduced a buyer (from their existing database?) once they'd been to the property.

TwistedPsycho

So they are not saying to that potential buyer "I have this property available at the moment", which would constitute an invitation to treat......

Enfieldian

Excellent.

A buyer that tries to cut out the agent that they arranged the viewing through is exactly the same sort of buyer who will try and knock you on the price at the point of exchange.

Go for it!

googler

TwistedPsycho wrote: »

So they are not saying to that potential buyer "I have this property available at the moment", which would constitute an invitation to treat......

Advertising is making it known to the general public.

Inviting one person from their database isn't advertising.

Up to you whether you term it 'invitation to treat' ....