Private offer recieved but buyers introduced through agent

jrw1982

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Slinky

....and when the agent finds out, which they will, you will have to pay their bill...

googler

If you were out of the contract at the point when the agent phoned you with this buyer, then why didn't you say to the agent "I don't have a contract with you, so send the buyer away"

???

anselld

Difficult to know without a copy of the contract, but most contracts have a period eg 6 months after termination such that if a buyer introduced by the agent completes then the fee is due.

In fairness this buyer was introduced via your agent you should pay the fees. Splitting hairs over the timing isn't really fair.

G_M

Last Thursday i gave them notice to withdraw the property from sale

1) This clearly establishes that you believe there was a contract between you and the EA
2) Are you sure you have given notice in accordance with the contract? Normally 14 days notice is required.

someone had seen the board and made an enquiry in the branch

This clearly establishes that the buyer (if they end up buying) was introduced by the EA

i presume i am right in thinking that they wouldn't be able to do anything about this if they even found out.

No. You presume wrong.

i never received a copy of the contact so can't see that the contract was valid in the first place?

A contract does not have to be written to be valid. As said above, you have clearly established a contract existed.

if they do offer what i want and do it privately i presume that i just instruct a solicitor to deal with the sale of the property?

Yes, but you are likely toreceive a bill from the EA in due course.

jrw1982

Slinky wrote: »

....and when the agent finds out, which they will, you will have to pay their bill...

How will they find out?

googler wrote: »

If you were out of the contract at the point when the agent phoned you with this buyer, then why didn't you say to the agent "I don't have a contract with you, so send the buyer away"

???

Because i would have been turning down a potential buyer.

anselld wrote: »

Difficult to know without a copy of the contract, but most contracts have a period eg 6 months after termination such that if a buyer introduced by the agent completes then the fee is due.

In fairness this buyer was introduced via your agent you should pay the fees. Splitting hairs over the timing isn't really fair.

I have read this but they were introduced after the 'contract' was terminated..

jrw1982

G_M wrote: »

1) This clearly establishes that you believe there was a contract between you and the EA
2) Are you sure you have given notice in accordance with the contract? Normally 14 days notice is required.


This clearly establishes that the buyer (if they end up buying) was introduced by the EA
No. You presume wrong.

A contract does not have to be written to be valid. As said above, you have clearly established a contract existed.

Yes, but you are likely toreceive a bill from the EA in due course.

They took the property off the market as soon as i notified them. I was over the 8 week sole agency.

They have done nothing in 8 weeks the property has been on the market. Took me going into the branch for them to upload the photos to the advert. They have replied to approximately 2 of the many emails i have sent them asking for feedback and asking them what they are doing to market/sell the property.

So if such a contract did exist then surely they have to meet their part of it as well?

G_M

jrw1982 wrote: »

How will they find out?

I have read this but they were introduced after the 'contract' was terminated..

EAs are not stupid! They routinely look at sale records at the Land Regisyry. They'll see that a property they had on their books has been sold to Mr & Mrs X, who are also on their books!

a) Was the contract terminated (sse my point about a notice period)
b) you accepted an offerfrom someone referred by the agent.

My view (and clearly that of other posters above) is that you will have to pay.

However, by all means continue on the assumption you need not if you wish, and let us know in due course who wins the court case.

anselld

jrw1982 wrote: »

I have read this but they were introduced after the 'contract' was terminated..

Probably why the agent clarified "do you want them to view, if so fee payable", and you said "yes please"!

jrw1982

G_M wrote: »

EAs are not stupid! They routinely look at sale records at the Land Regisyry. They'll see that a property they had on their books has been sold to Mr & Mrs X, who are also on their books!

a) Was the contract terminated (sse my point about a notice period)
b) you accepted an offerfrom someone referred by the agent.

My view (and clearly that of other posters above) is that you will have to pay.

However, by all means continue on the assumption you need not if you wish, and let us know in due course who wins the court case.

I am NOT assuming anything, hence me posting on here. I am simply asking for advice on my options which may or may not be correct.

The contract was terminated as he said so on the phone when phoning about the interested party 'but thought it would be good to let me know'.

doningtonphil

I am with the previous poster on this one, you have availed yourself of their services which may (you hope) lead to a sale. How would you have felt if the agent had told the potential purchaser 'I am sorry, that property is no longer for sale' due to the fact there was no longer a contract.

It is easy to try to talk your way out of using an agent.

We agreed to sell our house throught an agent. We had signed the contract but they hadn't even sent us the draft details and there was nothng on line. They had put a For Sale board up.

a woman and her mother drove past and saw the board. We weren't in so they looked through the letterbox, loved the hallway so much that they posted a note through our door. When they came to view (I dont remember if that was arranged through the agent or direct) the girl burst into tears of joy when she saw our kitchen and we heard her mum say to her 'don't worry if they dont reduce the asking price, me and your dad will give you the rest'!!!!!!!!!!!

They went to the agent who phoned us to advise they had made an offer under the asking price. We said No. She called back 2 minutes later to advise they had offered the asking price (quelle surprise!!!) It must have been the easiest sale the agent had ever made

Of course we went down the route of saying we could have made a sign out of cardboard on a stick and we would have got the same result and not paid the agent their fee. But then, it was their sign, they did the 'negotiaitng' for us. It was onlyh right that we paid up, although we did negotiate a discount!!!!!