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Ex Estate Agent **CLAUSE**

zaprok
Posts: 14 Forumite
I have decided to try a different E.Agent,I have completed my 12 week sole agent agreement and given them notice.They have me a letter confirming the termination but have pointed out that if I sell to someone who "they" introduced during their period then they will be entitled to claim their fee.
Now if someone who has already viewed my property with the old agent asks to view at the new agent then surely the new agent has introduced them.
Does anyone know the legal score here???
Best wishes,Zaprok.
Now if someone who has already viewed my property with the old agent asks to view at the new agent then surely the new agent has introduced them.
Does anyone know the legal score here???
Best wishes,Zaprok.
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Comments
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I *believe* that if they viewed through the 1st agent then they are the ones that introduced them so yes you should pay them not the 2nd one. I have been advised in the past to get the 1st agent to put the names of all those who have expressed an interest in writing to pass onto the new estate agent.:rotfl:0
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Hi. paper is correct.I looked into changing agents as chain fell through after 7 months and was not happy with agent for lack of chasing and actually seeming bothered!!! Gave then 3 weeks to get their act tog. But be careful. I had an interested party and new agent said " agent 1 will never know...they are supposed to tell us of interested parties but they never do..." Yeah right...Just make sure that its down on paper for your new agent. My original agent said that the solicitor would inform them and so i could end up getting stung for 2 lots of fees. When after the 3 weeks we had 3 interested parties we decided to stick with original agent as it was getting too confusing. Anyway after 4 weeks sold again (fingers crossed this time!). Mind you its a change in the person dealing with us that has made the biggest difference.0
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Zaprok, the first agent introduced the buyer, the second agent only negotiated with them.Your first agent is absolutely right, if you sell to someone they introduced during their sole agency period, they are entitled to charge commission on that sale - read your contract, it's quite clear and in accordance with standard legal definition for estate agency work.
The key thing here is that the standard contracts allow the agent to charge for either 'introducing' or 'negotiating with', so if you don't ensure the two contracts are mutually exclusive, you could end up having to pay both agents.
Get the first agent to provide a list of all the clients they claim to have 'introduced' - check and approve it, I would query any that have not had viewings.
Provide this to the second agent and get them to confirm (in writing) that they will not 'negotiate with' any of the buyers on the first agents list, but refer them back for handling by the first agent.
If in doubt, do not proceed with the sale to a buyer both agents claim rights to until the agents agree which one is getting the commission (or agree to split it).0 -
Ok thanks everyone,I have mentioned it to the new agent and asked her if it ever goes to court and she said "it won't happen" and anyone they have introduced them not the first agent if they've come in their shop.
Looks like I'll have to watch out who views!!!!!!!!Zaprok0 -
Your comments are not entirely clear, but it can and will go to court - it has often enough in the past where 2 agents both want their fees!
Don't take the agents word on this, you need to make sure you protect yourself by getting everything in writing. If a buyer your first agent introduced goes into the second agents shop, despite what your agent casually suggests, the first agent WILL rightfully expect their commission.
Will your second agent then simply say "don't worry, just forget our fee on this" - after they have registered, arranged (another) viewing and spent time dealing with negotiations with such buyers... ???
You have great faith in agents if you think they'll be nice and 'reasonable' about this, many people find to their cost that estate agents can be far from reasonable when it comes to getting their bill paid.
Also, don't assume that your agent either (1) knows the law on this or (2) will admit to you the true facts of the legalities if this gets in the way of them selling their service to you.0 -
hmmm, I asked the same thing yesterday and not a single reply
http://forums.moneysavingexpert.com/showthread.html?p=5009248#post50092480 -
Thanks Courtjester,NO.....I'm under no illusion when it comes to agents getting their fees and telling professional fibs of whopping propotions!!
If anyone comes to view that I've seen before then I shall have to just refuse any offer they make and make up some excuse,unless its too good to refuse.
Zaprok0 -
Have been in exactly this situation, asked Agent 1 for the list of people they introduced or at least pass that list to Agent 2. Letters/requests ignored, house sold to someone that Agent 1 had shown round but then ignored buyers calls when submitting offers to me (never received). Went to court, I lost, paying both agents fees. Agent 1 part of national firm who have a department that especially checks land registry entries to see if the property was ever listed with one of their agents so they can collect fees.
Search my other posts for more information. EA's are not to be trusted and are the absolute scum of all professions in my personal opinion. (Check my report on how an agent promised my gf a lower rate but "forgot" to modify his office copy meant full fee was payable on completion, decision upheld by their partners in crime, the Ombudsman for Estate Agents!).Signature on holiday for two weeks0 -
when we "sacked" the second estate agent they sent a list with all the people who had viewed the property and a statement that theye would consider that they had introduced them if they bought within 6/12.
As it was they found a buyer within the 2/52 notice period and hopefully that will go through now.0 -
The EAs seem to get away with not providing a list of people they introduced. Is there any legal definition of "introduced". Taking the normal meaning of the word. you'd think that they could only claim that for people that the vendor actually met, or at least viewed the house.
Could the freedom of information act be applied to obtain a list of people introduced? What would happen if a complaint was made to ARLA (if the EA is a member) about the lack of a list of introduced buyers.
I wonder what would happen if a potential vendor put a clause "If this agreement is cancelled, the EA will produce a written list of potential buyers who were introduced within seven days" on the contract upon signing.0
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