EA contract

Doozergirl

zipwen1 wrote:

the ready willing and able buyer clause is in some contracts, it means that if your EA finds a buyer and that buyer instructs a soliciter then the vendor pulls out the vendor is liable to pay the EA a fee not the total fee usually about £350

That makes slightly more sense than paying the full fee.

courtjester

Totally agree with Doozergirl - pulling out of a legitimate contract in order to bypass the agent's rightful entitlement (I so hate to say that;) ) is attempted fraud ...

If the agent introduced the buyer, it doesn't matter that you cancel the contract, they still have rights at law over the introduction. It doesn't matter that the sale happens later if it was a natural progression from the original intro.

I'm not so sure about the £350 fee for 'ready, willing and able'... the contracts I have seen with this clause don't mention a limit, merely that teh agent will charge their commission on this basis. Are you (zipwen1) sure you are not confusing the ready-willing clause with a different clause referring to the customer being responsible for advertising costs and disbursements separately to themain commission (which would normally eqaute to aroun the £350 mark).

Whatever people's opinions, the essential feature is that it depends on the PRECISE wording of the individual contract. There is no standard format.

Note also that it matters not that a contract was not signed - verbal contracts are still enforceable at law and the agent will doubtless be able to easily prove that such a contract existed by the actions of the parties concerned and records of meetings, appointments, telephone discussions and viewings etc. that the agent WILL keep.

The only oddity not clarified is charle1980's comment that he "doesn't own the house" - the agent's contract would need to be with the owner /vendor or their appointed representative who has been given the right to sell on the vendor's behalf...??

with apologies for atrocious typing...!!