soleselling contract

rosie0909

Hi , I have had my House on sale for a year but no buyer found by agent I have a sole selling agreement
My daughter was thinking of part Ex her house for mine, can anyone help clarify the time period for an estate agent claiming their commission fee , have seen conflicting info reffering 6 months and 12 months or am i forced to pay them commission at anytime i sell as the contract only mentions 6 months if sold by another agent?

i would really appreciate any help thanks .

Fire_Fox

What are the terms and conditions of the contract with the agent? This is clearly a private sale, some contracts commission will be due others not.

rosie0909

Hi here is part of contract:

The Client will be liable to pay remuneration to the Agent in addition to any other costs or charges agreed in each of the following:

If unconditional contracts for the sale of the Property are exchanged in the period during which the Agent has sole selling rights, even if the purchaser was not found by the Agent but by another agent or by any other person including the Client.

If a purchaser first introduced by the Agent during this agreement goes on to buy the property within six months of the date this agreement ended.

In addition to the above:

If a purchaser was introduced to the property during the period of our sole agency even if the purchaser was not found by the agent but by another agent or by any other person including the client.

Cheers

G_M

1) When did your sole selling agreement start?

2) what was the minimum agreement period?

3) what were the requirements to end the agreement (eg 2 weeks notice in writing)?

4) have you given notice in accordance with 3 above?

chris_m

Has your contract with the agency ended? If so, how long ago?

rosie0909

Hi

The agreement was signed 21st October 2011 by the valuer

The minimum agreement period has not been filled in.

The notice is 28 days.

No we haven't given the notice yet as my daughter is still thinking about it

G_M

rosie0909 wrote: »

Hi

The agreement was signed 21st October 2011 by the valuer
:rotfl: when did YOU sign?

The minimum agreement period has not been filled in.
so it can be ended at any time subject to....

The notice is 28 days.

No we haven't given the notice yet as my daughter is still thinking about it

If the 28 days notice has not been given (in writing) then the contract continues and commission will be payable "If unconditional contracts for the sale of the Property are exchanged".

Pretty clear really!

rosie0909

unconditional contracts were not exchanged as i mentioned in my first post my daughter is just thinking buying , but we told the estate agent we were thinking of selling our house to my daughter in a part Ex deal, they then advised if we did so we may be still charged the commission. So we are trying to find out how long we will have to wait before we are not liable for the commission fee?

Fire_Fox

Why move the goalposts in post 8? On what basis did the estate agent claim you may still be charged the commission? Did they put this in writing, did they say will or did they say may?

I am NOT a legal expert but this seems to me to be the key part
"If a purchaser was introduced to the property during the period of our sole agency even if the purchaser was not found by the agent but by another agent or by any other person including the client."
Your daughter was not introduced to the property at that time, she presumably saw it shorty after you purchased, ergo there is no waiting period, it's only if you proceed with the same DURING the sole agency.

G_M

rosie0909 wrote: »

unconditional contracts were not exchanged as i mentioned in my first post my daughter is just thinking buying , but we told the estate agent we were thinking of selling our house to my daughter in a part Ex deal, they then advised if we did so we may be still charged the commission. So we are trying to find out how long we will have to wait before we are not liable for the commission fee?

errr.... 28 days?

Assuming, that is, you get out a writing pad and put letter through their letterbox today.

rosie0909

sorry if i moved the goal posts but was replying to another comment.

The estate agent has not put this in writing only said it verbaly by phone and kept repeating read your contract over and over. We then realised the section she was refering to. We thought this was wrong as you said my daughter knows the house after living here for 5 years.