Selling house without estate agent

sonastin

If you haven't signed the EA's contract yet, it isn't sole selling rights yet. What has the EA actually done so far and what have you let him do? If he hasn't marketed it yet and you haven't accepted any viewings, you don't have a contract. If the actions that you have both taken demonstrate that you both intended to enter into a contract then there probably is a contract between you, but the terms of it aren't fixed until you sign on the dotted line. Since you haven't yet, you can negotiate sole agency on this house.

Have you signed the contract for the other property and this one is just going to be "added" to the existing contract? I'd put money on their standard conditions not catering for that scenario so I bet you have some wiggle room there.

So either there is no contract and you are free to sell to whoever - maybe offer the joiner a bottle of wine as commission!
Or there is a contract but you haven't agreed what terms it is on yet. Make sure it is sole agency and then tell them that there is an interested party that hasn't been introduced by them and they won't be owed their commission if you sell to these people.

louisaj28

sonastin wrote: »

If you haven't signed the EA's contract yet, it isn't sole selling rights yet. What has the EA actually done so far and what have you let him do? If he hasn't marketed it yet and you haven't accepted any viewings, you don't have a contract. If the actions that you have both taken demonstrate that you both intended to enter into a contract then there probably is a contract between you, but the terms of it aren't fixed until you sign on the dotted line. Since you haven't yet, you can negotiate sole agency on this house.

Have you signed the contract for the other property and this one is just going to be "added" to the existing contract? I'd put money on their standard conditions not catering for that scenario so I bet you have some wiggle room there.

So either there is no contract and you are free to sell to whoever - maybe offer the joiner a bottle of wine as commission!
Or there is a contract but you haven't agreed what terms it is on yet. Make sure it is sole agency and then tell them that there is an interested party that hasn't been introduced by them and they won't be owed their commission if you sell to these people.

I have signed the contract for both properties but neither mention the other one. All the EA has done so far is take the photos, our home survey report was done today and has come back fine albeit slightly under what we were looking for.

The couple have been in touch again to confirm their mortgage has been approved at the full price but no offer on the table as yet.

I haven't paid the marketing fee to the EA as yet and have asked them to hold off for the moment. The girl I spoke to at the office seemed to think that as they havn't actually marketed anything yet, we shouldn't be due them anything. But I am sure they will try to get something back from me due to breach of contract??

I just really don't want to pay £360 marketing fee plus 0.9% on the sale price when they haven't actually done anything!

I will await the offer and take it from there!

thanks to all for your input, I haven't sold a house before so clearly have no idea what the script is!

G_M

louisaj28 wrote: »

oh dear, it is sole selling rights!!

so basically the agent is now going to make 0.9% commission on the sale just for taking a few photos!!!!!!!!!!!!

Bear in mind that had you gone for single agency they'd have charged a higher %. And if multi agency it would have been higher still.

You opted for the cheapest commission (0.9%) to save yourself money. In return for charging this low rate the agent got a guarantee of payment via the sole selling rights contract.

In return for a higher commission (2% multi agency?) the agent would have been gambling, since they may or may not have been the lucky agent to win the commission.

You pays your money and you takes your choice. You chose sole selly rights!