Estate AgentS

MrBoombastic

Hello, I made the s in my title capital on purpose as my problem is two estate agents are trying to make me pay their commission. A quick up-to-speed....ready? Here goes:

House up with agent 1 for 8 months , terminated properly etc.

House then goes up with agent 2 for 5 months (3 viewings, two of whom had been talked into it by agent but were never in the frame and no offers from any).

Whilst struggling with agent 2 (poor service) our situation changed and we decided to sell at a lower price and I remembered that agent 1 had introduced someone I knew already so I contacted them and a deal was struck. Now, I have spoken to agent 1 and they were good to talk with, I admit they introduced BUT the exchange was outside of their contracts "6 month period" so I owe them nothing but *I* feel obliged to them a little for the intro. Incidently the sale went through without using any agent, I did it (wasn't hard, no chain) and the solicitors worked well. SO, problem is agent 2 feel they introduced the buyer because my wife asked them if they had a number on file (the eventual buyers) and they did but rather than pass the number to us they rang the family themselves (of course) however I had already made contact so it went nowhere with agent 2 and that family (as the family had no reason to want to deal with them - they rang the family remember)

I agree and admit agent 1 introduced them and communication with agent 1 is good. But agent 2? They cannot claim doing the work to "a sale" but they say they got the buyers for us due to this call after I made contact. There is no way I am paying both! I buy from a certain supermarket but I dont give the other supermarkets the money as well as they also they stock the same goods!! They cannot both expect commission for a single buyer as neither actually took the property to a sale as the law expects "Introduce a sale not just a buyer..."

So, what do I do?

kingstreet

What you should have done was sorted out this potential scenario at the point you changed agents. They could have told you this, to be honest, but obviously failed to do so. You could have provided a list of clients introduced by agent 1 to agent 2 telling them a sale to any of these clients would not result in payment to them as you would pay agent 1 as the original introducer.

This could have been included in your contract so any potential "misunderstandings" could be minimised.

Perhaps it might be a good idea to ask both agents to talk to each other as you don't intend to pay two lots of fees. They may come to an agreement between themselves. Throw in the mix that if either of them had helped you by suggesting the list I mentioned, this would not be happening now.

To a certain extent you've indulged in a spot of foot-shooting by involving both agents in this potential sale.

MrBoombastic

I appreciate the time and effort kingstreet but I am not sure you gave me any "next level advice" there bud. As for foot-shooting, well the number request could have been but as for the rest, not a sellers role hence the need for an estate agent - crumbs you'll expect me to do their jobs for them next......oh I did!

Agent 1 gave no list (as they have been told) but I am not worried about agent 1 but the honest person in me thinks they do deserve something for the initial intro - and that may be in the shape of my case making their contracts change and read better?

Now, back to agent 2......did they introduce? No. Did they provide a service that I the seller couldnt have done without them? Well no as I contacted the family before my wife called and then they called the family - and I can prove this. Agent 2 were in the loop but did nothing more, offered no service on it - even sent round another potential buyer! So what has agent 2 done to earn a commission? Their advertising did not attract the customer and they did not introduce the buyer or the process to sale - 3 jobs an estate agent must perform to earn the agreed commission. We are talking 2500 each on full job commission and I am willing to split 1 2500 between them, so its even to all.

Anyone else got any new advice or insight into agent 2s position. Oh kingstreet did I mention how poor agent 2 have been, including being hard to talk to and quite aggressive in manner when this was discussed in the past (stormed off!).