Estate Agents doing their jobs

outbackannie

I have been advised that when a selling agreement with an estate agent comes to an end you are entitled to a lsit of all the possible sellers they have given details to (otherwise they could try and claim their commission even if you sold it to someone who had not had anything to do woth them) but would anyone know if you are entitled to know who they're giving information to whilst contract is running (data protection and all that)

maninthestreet

Been mentioned before on these forums, but some have EA's refused to provide a list of buyers they have provided details of a property to, quoting the DP Act.

spunkeyrich

Good question, However when i was an Agent it was only importent to make a note of viewers, if an agent has to note everyone who they give details to or those that look at a home on a web site it could run into 100s if not 1000s of people.
I think if you ask the agent for a list of people that they feel they have introduced to your home to cover themselves then that should be sufficient. I think the man on the street ie a jury would assume that any viewers that bought your home that were sent by that agent is a reasonable claim.

rich

lush_walrus

I don't think many EAs will give you a list of people who have viewed your house, I certainly wouldn't it's just not fair on the people viewing.

But, when it comes to situations where an EA believes they were the introducer, it is that EA who has to prove such and they will produce the evidence to the effect, which can come down to an entry into the viewing book or evidence that they have sent details to someone. Ultimately, the EAs have to prove it and they will have the info required to do such should the situation arise.

It is pretty rare that something like that happens, in the last 10 years I can think of one time it has happened for us, which was a potential buyer coming into us viewing it, then putting the offer in through another EA.

We had proof that they had initially viewed through us (and to be fair the other EA told us what had happened) but the interesting thing was they then handed the sale over to us, a month later we discovered that in actual fact the buyer had been introduced by a completely different EA 6 months before. We handed the sale over to them, who charged the highest commission of the lot of us, the vendor didnt want to pay them at all as they had cancelled their contract with them shortly after the guy viewed. Both us and the EA who received the offer let the vendors know they would have to if they continued with the buyer. They still didnt want to, so pulled their property off the market! Poor buyer lost the house and a month later they put it back for sale with us to find a new buyer.

Tiger_greeneyes

Slightly digressing, in Scotland, you do your own viewings. Your telephone number is on the property details (schedule) and you get called direct for appointments. It's actually you that keeps the list of viewers to give to the agents (solicitors market properties instead of estate agents) to chase up.

Ticklemouse

Every 2 weeks I get a comprehensive list from my EA, detailing everything that has happened - from phone calls, to viewing, to offers but also includes all the details passed out to everyone - either in person when they visit the office or when they e mail or send out a hard copy by post. I have a full list of everyone's names - where they give them of course.

I have to say that my EA is new to the business but he's working his little socks off. We have an offer on our house but as the buyers haven't sold, (in fact only goes on the market this week) we haven't formally accepted it and they are still actively marketing it.