Offer after agent contract expired

Griffin78

Hi,

Hopefully someone can provide some advice for this situation.

Our property was put on the market last August with a sole agency. We decided to end the contract as viewings had been minimal. I spoke to the agent and explained this and we agreed that the contract would expire after a remaing 2 weeks. Just after the contract had expired the agent called to say someone that had previously been interested but couldn't get together their finances was now in a position to buy and wanted to view our property. I was happy to agree on a viewing as we had not signed a contract with another agent so were effectively off the market. The viewing happened, feedback was quite encouraging and then we didn't hear anything for a week. We wanted to get back on the market asap with a new agent and signed a contract last Friday.
Today, we have heard that the person that viewed via the old agent has our property on a shortlist of three and may want another viewing.
What would happen if the interested party wanted to make an offer? We are not in a contract with the agent that has introduced her to our property and are now in a contract with a new agent.
I want to pre-empt any potential problems before any 2nd viewings take place and make sure we do the right thing.

Any advice would be appreciated, thanks.

CloudCuckooLand

I'd expect the old agent to be demanding their fee, contract or not. When leaving an agent, you usually should ask for a list of those "introduced" by them, so there are no arguments over who introduced whom, later.

This is slightly different, being out of contract, but I'd bet that if you check the small print there will be something to the effect of "whoever is introduced and proceeds, whether still in contract or not"...

Otherwise, there'd be no need for a list...

But each contract varies. Check yours.

To be fair to the old agent, they should get their fee, I think. They advertised, introduced - gap during finance issues - and reintroduced the viewer...

May even be a specific clause detailing "in the event, after contract ceases..."

sonastin

Check you current EA contract and maybe speak to them. I found myself in a similar situation and my new EA agreed that they would have nothing to do with the sale and asked for a small fee to cover their wasted marketing costs if I ended up selling without them. The buyer turned out to be just as fickle and indecisive as she first appeared and my new EA earnt their full fee buy finding a serious buyer.

Griffin78

Thanks for the comments, I'll check out the old EA contract. I am guessing they are covered otherwise they wouldn't be investing time in following up.
I also don't have a problem with them claiming their fee, as far as I'm concerned they would be entitled to it.
My only slight concern is with the current EA and how they would take it/what they would charge.
It's possible that the current EA will generate an offer in the meantime which could provide us with some options so in that case I would be more open to paying them a small fee for marketing etc in addition to the original EA.