Can I dump estate agents and sell privately

nickfezz

I am currently selling my parents (recently deceased) property through dixons estate agents in Birmingham. It has been on the market since august so I am well out of my original contract period.

What I want to know is can I get rid of the agents and sell directly to one of the potential buyers who has made an offer? I managed to track the details down of the potential buyer and can contact him directly.

Do dixons have any comebacks?

brightonman123

depends on the contract (if any) you signed with the agent. .they may have a retention clause, if sold elsewhere..?

bets give them a ring, see what they say - if asked, say taking off the market -
which is effectively the case!

p00hsticks

nickfezz wrote: »

What I want to know is can I get rid of the agents and sell directly to one of the potential buyers who has made an offer? I managed to track the details down of the potential buyer and can contact him directly.

Do dixons have any comebacks?

I'm not an expert but my understanding is that if the potential buyer originally became aware of the property through the estate agents, then yes, they have effectively introduced the buyer to you and can claim their commission.

betmunch

Its is likely that the EA will be due their commission as they introduced the buyer.

Why is it the offer was not accepted at the time?

It all depends on the contract you have signed, and of course the law. Neither of which I know in detail!

MissMotivation

betmunch wrote: »

Its is likely that the EA will be due their commission as they introduced the buyer.

Why is it the offer was not accepted at the time? If there is any evidence of the EA not puttting the offer forward to you as it should be done then I would question if they are still due their commission. ie if they used the old "must see our mortgage advisor" line to which the clients responded in that case we wont proceed.

It all depends on the contract you have signed, and of course the law. Neither of which I know in detail!

It's not just lkely that they will be due their commission!

If the EA introduced the buyer, and there is no question of this as the OP admitted that they have made an offer, then they are definitely due their commission.

It also doesn't matter whether the OP has signed a Sole Agency or Sole Selling Rights contract because both of them state that commission is due if the EA introduces a buyer.

OP,I don't understand why you didn't accept the offer in the first place, can you explan this please?

betmunch

MissMotivation wrote: »

It's not just lkely that they will be due their commission!

If the EA introduced the buyer, and there is no question of this as the OP admitted that they have made an offer, then they are definitely due their commission.

It also doesn't matter whether the OP has signed a Sole Agency or Sole Selling Rights contract because both of them state that commission is due if the EA introduces a buyer.

OP,I don't understand why you didn't accept the offer in the first place, can you explan this please?

Are they still due their commission if they obstructed the sale previously though?

Not that this has been intimated by OP, I'm just thinking if they had, how is it fair they should get commission.

Lewis1967

I hope in the future there are better ways of buying and selling without an EA.

There are good options now, but its harder for buyers to see it. Most buyers look at rightmove and the others that only show houses with an EA.

MissMotivation

betmunch wrote: »

Are they still due their commission if they obstructed the sale previously though?

Not that this has been intimated by OP, I'm just thinking if they had, how is it fair they should get commission.

The OP hasn't mentioned anything about them obstructing the sale, an offer was made therefore as far as the law is concerned they introduced that buyer to that property.

If they EA has been obstructive then it depends what they have done. In my experience if the OP didn't pay the EA and it went as far as court, all they would be interested in is has the EA got a signed, dated agreement and can the EA prove the buyer was introduced by them.

If the OP is unhappy with the EA (and I'm not a fan of any Countrywide agent) then they need to address this separately.

Itismehonest

There's usually a clause which mentions the EA being paid their fee if they have introduced a purchaser. Obviously if an offer was made through the EA then they will feel that they have the right to be paid for the successful sale & can, if they wish, take legal action.
If you think about it, this would have to be the case or every vendor would be doing what you're suggesting & saving fees.

googler

nickfezz wrote: »

I am currently selling my parents (recently deceased) property through dixons estate agents in Birmingham. It has been on the market since august so I am well out of my original contract period.

What I want to know is can I get rid of the agents and sell directly to one of the potential buyers who has made an offer? I managed to track the details down of the potential buyer and can contact him directly.

Do dixons have any comebacks?

Well, unless you've already terminated the contract, I'd suggest you still have a contract with them. Your 'original contract period' may well be the minimum term of the contract, and the contract may well still be in force. However, I/we can't see your contract.

So if this is the case, there's no doubt the buyer was introduced, and made an offer, whilst you were under contract to the agent, and you owe them their fee as per the contract.

betmunch

MissMotivation wrote: »

The OP hasn't mentioned anything about them obstructing the sale, an offer was made therefore as far as the law is concerned they introduced that buyer to that property.

If they EA has been obstructive then it depends what they have done. In my experience if the OP didn't pay the EA and it went as far as court, all they would be interested in is has the EA got a signed, dated agreement and can the EA prove the buyer was introduced by them.

If the OP is unhappy with the EA (and I'm not a fan of any Countrywide agent) then they need to address this separately.

Then I stand corrected and will edit my earlier post.

I dont want to encourage the OP to get into trouble based on what my thoughts on whats fair or unfair!

I agree there is no suggestion that the EA did obstruct the sale, I just added the fact it was Dixons, CW agent with a reputation of being difficult with buyers and the fact there was an offer that was not accepted that now appears acceptable. It could just as easily be the OP lowering their expectations.