Can they change their minds?

MrBoombastic

I recently sold my home and although my house was on the market with an estate agent (let's call them EA2), the buyer had been introduced by a different estate agent (EA1).

The sale completed last week. EA2 wrote to me saying that they were not pursuing a fee as they felt that EA1 deserved their fee and wished me every happiness for my future.

Can they later decide to change their mind and pursue a fee?

twirlypinky

No idea, but WOW that was jolly nice of them.

FireWyrm

Seconded. That was very nice of the first EA. I'd have it framed myself.....

I would say that this letter is more or less your answer though...they would look pretty silly in court if they tried to claim a fee after sending you that letter.

Vincenzo

I would name the EA2. Very sportsmanlike!

samroo

As I read your post estate agent 2 wasn't entitled to the commission because the client had been introduced by estate agent 1. That is unless you had a joint or multiple agency agreement with both agents

MrBoombastic

EA 2 neither introduced or did any negotiation about it and THEY WERE MADE AWARE. The sale was done by me and me alone. The 1st EA introduced them 6 months earlier but had not been our EA for nearly 4 months.

Naming EA 2 would be an injustice as they are not being as nice as that declaration sounds. Since the "we want nothing" email and letter they have emailed twice more and changed their view each time (at the mo it is back to "want nowt").

Vincenzo

MrBoombastic wrote: »

EA 2 neither introduced or did any negotiation about it and THEY WERE MADE AWARE. The sale was done by me and me alone. The 1st EA introduced them 6 months earlier but had not been our EA for nearly 4 months.

Naming EA 2 would be an injustice as they are not being as nice as that declaration sounds. Since the "we want nothing" email and letter they have emailed twice more and changed their view each time (at the mo it is back to "want nowt").

I assumed EA2 had a sole selling rights contract with you and therefore could quite legitimately claim the fee?

MrBoombastic

No, not a sole "selling" but a sole "agency period".

How could EA2 claim a fee after over a week since a "we want no fee" letter arrived?

EA2 did not introduce or produce sale. What would this fee be for exactly?

Vincenzo

MrBoombastic wrote: »

No, not a sole "selling" but a sole "agency period".

How could EA2 claim a fee after over a week since a "we want no fee" letter arrived?

EA2 did not introduce or produce sale. What would this fee be for exactly?

It all depends on what the contract says. If a sale was agreed during the sole agency period, it is likely you are contractually obliged to pay them a fee regardless of whether they introduced the purchaser.

I cannot comment on the letter without seeing it and whether they actually relinquished their contractual right to a fee (assuming they had one in the first place).

MrBoombastic

Hi Vincenzo.

The sale was not agreed during the sole agency but it was the "6 month cool off bit" - however they neither introduced, negotiated or sold and at the end were no longer marketing my property so the 6 month bit doesn't apply to them.

The letter title was "no Fees required" and the content of the letter said that they were not persuing any fee and wished us all the best.

Vincenzo

Have they asked for a full fee?

Also did the introducing agent have a contract with you and how did they know the property was available? If no contract, no fee is payable to them.

If the agent was aware of the availability of your property as a result of the marketing done by your original agent, this in itself could be enough to claim their fee. This is why sole agency agreements exist, to protect the agent from a scenario where a purchaser sees your property on the market and then approaches you directly.