Changing Estate Agents contract

vodkagirl001

OOop and they have just emailed me straight back confirming this is the case (yes I know that silly, thats why I emailed you for the list) and sent me the list of people they have introduced so it's all sorted once I find a new agent!!

fingers crossed the new agents are better than the last ones!

vodkagirl001

just to update on this the 'best' practice.

We have instructed new EA and they have drawn up the contract etc and one of the clauses in the contract states the following

SOLE SELLING RIGHTS : You will be liable to pay remuneration to us, in addition to any other costs or charges agreed, in each of the following circumstances: if unconditional contracts for the sale of the Property are exchanged in the period during which we have sole selling rights, even if the purchaser was not found by us but by another agent or by any other person including yourself. If unconditional contracts for the sale of the Property are exchanged after the expiry of the period of which we have sole selling rights but to a purchaser who was introduced to you during that period or with whom we had negotiations about the Property during that period.

I can see no date of how long they will have sole selling rights, does this need to be written in seperatley? The only section I can see about dates is below

AGENCY PERIOD : the seller apoints XXXXXXXX from the date of this agreement, untill terminiation by either party giving the other 14 days notice in writing to this effect

So to me the above is only relevant to cancelling them as our agents (or vice verca) that we have to give them 14 days notice.

Now how do I go about including the list of names I have been given from the original agents stating that the new agents will not claim for their fee should one of these names put in an offer? the agents said to me, ''oh it will be ok, EA 1 will never know, we dont tell them, I doubt you are, and we will do everything we can to stop you paying 2 fees'' which is all well and good but i want it in writing signed by them ''just incase'' I know its doubtfull any of the original viewers will put in an offer but its best to be safe than sorry I feel and get stung for 2 fee's.

would I just type up something saying ''we the agents xxxxx agree to take no fee what so ever should any of the following people place an offer on the property of xxxxxxxx as the original Estate Agent xxxx introduced them and will be entitiled to the fee'' then list the names and have them and us sign it and staple it to the contract or what?

kingkano

Are you sure you want to sign that contract??: I notice it says even if you sell it privately during the time this contract is in force, your gonna have to pay them!! thats not so nice.

vodkagirl001

kingkano wrote: »

Are you sure you want to sign that contract??: I notice it says even if you sell it privately during the time this contract is in force, your gonna have to pay them!! thats not so nice.

Yeah I noticed this as well, but it seems to be the same for all estate agents with sole selling rights tbh

kingkano

I got a contract from Cockburns in the week I am ready and it specifically said if I sell it privately I dont owe then a dime, but I must provide them with the name and details of the person I am selling to.... maybe its an exception I dunno??

MJMum

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vodkagirl001

MJMum wrote: »

Most contracts are for sole agency rights, not sole selling rights. I personally wouldn't feel comfortable signing sole selling rights.

Ah right I see. I didnt realise, as the last company was for sole selling rights as well so I thought it was normal.

courtjester

DON'T agree to Sole Selling Rights - it means the agent can charge you full commission for doing nothing as long as you sell to someone - even a relative or friend.

The most common basis is SOLE AGENCY, which at least refers to the agent charging only in circumstances where THEY have actually sold the property.

Sole Selling Rights contracts are unfair and unjust and agents know it - they tend to slip these under people's noses hoping that they won't read them. These days they tend to be consigned to commercial contracts where agents are selling a development for a builder and there is equality of bargaining.

Such contracts being offered to private consumers in this modern consumer age is, in my view, evidence of the contemptuous attitude such agents have towards their clients and you should walk away and find an agent that is prepared to treat you with respect and fairness.

If you sign a sole selling rights contract, you sign away your right to sell the property privately.

You should also search out a charging term that says "introducing a buyer ready, willing and able to purchase" - again another blatantly dodgy practice that means you don't even have to have sold the property for the agent to claim commission from you. Strike this out and refuse to deal with a contract with this term in.

WHICH have a couple of useful factsheets with more information on agents contracts and what to avoid:

Selling a Home - Which? factsheet
https://www.which.co.uk/files/application/pdf/Selling%20a%20home%20final-445-76965.pdf

Dealing with Problem Estate Agents - Which? factsheet
https://www.which.co.uk/files/application/pdf/Problems%20final-445-76964.pdf

brock-cruse

Hi
Just wondered what you did as we are in exactly the same position..got a potentail buyer from EA1 but they have to sell and we want to move to EA2 who has sole selling rights. I am going in this morning to see if they will change their contract as although verbally they say EA1 never sends interested parties lists it will be my luck they will and i will be billed from EA1 and 2. Have not yet signed any contract with EA2 and think i will not proceed with them unless they change their standard contract.

Mutton_Geoff

You ask EA 1 for a list of people that they have "introduced"

I had exactly the same situation. Several months after Agent 1 failed to sell my house, I appointed Agent 2 and asked Agent 1 for a list to give to Agent 2. They ignored all my requests. The house sold within days via Agent 2, completed, fees paid etc. After contracts had been exchanged, Agent 1 announced they'd actually shown the buyer round themselves and wanted their fee.

I asked the buyer what happened, he said he'd called Agent 1 several times to make an offer but his calls had not been returned.

The agent sued me for their fee, so I let it go to court, thinking any reasonable judge would see that I had done everything I could to make sure of my liability. I had the buyers statement etc, but all to no avail. The judge said a contract is a contract and I had to pay the first agents fees as well.

Agent 1 is part of the UK's largest EA chain and it was during this process that I discovered they have a specific department that researches all property sales in the UK and then looks up to see if that property has ever been listed with any of their agents.

You'll see from my other posts that this kind of business ethic makes me despise their dirty underhand industry. Many posts here remind people that the agent acts for the vendor. Not so, the agent (in my repeated experiences of buying/selling over last 30 years) only acts for themselves. Caveat Emptor!