Will I end up having to pay previous agents fees?

fannyanna

I'm trying to sell my property and have recently changed estate agents. Just prior to my notice expiring with the old agent they said they had someone who would like a viewing. I declined this viewing as they wished to book it for two days before my notice expired/I would be signing a contract with a new agent.

I now have a viewing through the new agent and I have a strong suspicion it is for the same person who tried to arrange a viewing with my old agents.

Now, IF this was the case and IF it all resulted in a sale would I be liable to pay fees to both agents?

Obviously I appreciate that neither of the above could be correct/happen but I'd like to understand where I would stand if that were the situation.

Many thanks in advance for any input.

DVardysShadow

Write to the old agent and request the definitive list of viewers they would claim to have introduced within 7 days. Keep a copy of your letter. If they reply, send a copy of their letter to your new agent and advise them that they must square these people with your old agent. Don't take viewings until old agent have had the chance to respond.

fannyanna

DVardysShadow wrote: »

Write to the old agent and request the definitive list of viewers they would claim to have introduced within 7 days. Keep a copy of your letter. If they reply, send a copy of their letter to your new agent and advise them that they must square these people with your old agent. Don't take viewings until old agent have had the chance to respond.

I've just sent an email asking for a list. Thank you very much for your advice.

If they do try to claim they introduced the viewing that I declined what would be your take on that?

evoke

I wouldn't have bothered to ask them for a list. The onus should be on them to protect their interests. Also, they haven't technically 'introduced' you to anyone have they? Your current EA would be the one who arranged for the viewer to visit your property.

DVardysShadow

evoke wrote: »

1. I wouldn't have bothered to ask them for a list. The onus should be on them to protect their interests.
2. Also, they haven't technically 'introduced' you to anyone have they? Your current EA would be the one who arranged for the viewer to visit your property

1. Requesting a list is the means of putting the onus on the old agent
2. When £1000 or more could hang on it, they will fight tooth and nail to claim they made the introduction.

An ounce of prevention is worth a pound of cure

fannyanna

I'd be happier knowing upfront who they'd claim to have introduced.

I would argue that they didn't introduce anyone with regards to the last viewing that they tried to arrange - on the basis that I rejected the viewing.

Although I'm sure they'll try to say that it was an introduction.

Either way I'll find out when they send through the list.

Blacksheep1979

trouble with asking for that list is that you know now if the original EA is claiming some right over these viewers whereas before you had nothing linking them to you, they weren't passed on to you by the EA or put in touch now they could claim that you've called them up for a viewing.

flora48

I asked this question when I went dual agency last summer. The new estate agent explained that that only one EA fee would be payable and if in dispute which agent, then the 2 agents had to fight it out themselves and maybe even go to court. I believed this, maybe I should have dug deeper. Pleased to say that the house is now sold.

DVardysShadow

flora48 wrote: »

I asked this question when I went dual agency last summer. The new estate agent explained that that only one EA fee would be payable and if in dispute which agent, then the 2 agents had to fight it out themselves and maybe even go to court. I believed this, maybe I should have dug deeper. Pleased to say that the house is now sold.

Dual Agency is slightly different if both agents know that they are both on the job, although I might have echoed the advice of the 2nd agent to both in a letter and asked to be advised if my understanding was incorrect.

evoke

With dual agency it's winner takes all, is it not? I was with two agents and both knew about each other and both knew that whoever sold my property would get the commission. The other EA would get nothing. It certainly made them work harder.

flora48

Dual agency certainly spurred the first agent into action, and they did get the sale after 18 months, I did feel sorry for the second agent, he was sooo nice!!!!!!