estate agent bluff?

Stormchaser_2

tim123456789 wrote: »

Only if vendor foolishly agrees to "Sole Selling Rights".

Otherwise a "lock in" clause only applies to people introduced by the EA.

tim

I would severely dispute this. When we had a house for sale 3 years ago, we also had a clause in the contract, and it said that if we took it off the market with them, and then went on to sell the house within 6 months - we would have to pay the full estate agents fee: even if we sold it to somebody that didn't come via the estate agent.

This is to stop people finding someone to buy it (like a colleague or friend or someone else they know,) pulling it off the market, and then selling it to someone else a few weeks later to purposely avoid paying the estate agent. It does happen!

Where has the OP gone by the way???

tim123456789

Stormchaser wrote: »

I would severely dispute this. When we had a house for sale 3 years ago, we also had a clause in the contract, and it said that if we took it off the market with them, and then went on to sell the house within 6 months - we would have to pay the full estate agents fee: even if we sold it to somebody that didn't come via the estate agent.

The is the definition of Sole Selling Rights and therefore must have been what you had.

Buy for everyone else, if you didn't have Sole Selling Rights within the contract term, it would be rediculous to have them after the term, wouldn't it?

Hoof_Hearted

googler wrote: »

So you're OK with your favoured online agent charging a few hundred upfront, then, if the house doesn't sell after 5 months, writing off that money as a 'gamble', but you're not OK with this agent charging for their admin costs...?

I don't think anyone mentioned online agents here. You're getting paranoid. Few hundred online or a few thousand offline -- what's the difference?

skeletonblues

Hi all, thanks for the interesting opinions. I originally signed a 12 week contract that I could then cancel with 2 weeks notice. In that time they sent 5 buyers to view but did not accompany them. I was present and showed them round myself. I don't have the contract now, I binned it after 3 months. 5 months after I cancelled the contract they contacted me to see if it was still on the market as they had a buyer. I said ok but they wanted me to sign a 'one off' contract. I said no way but IF they still wanted to show them round they could. The final bill they says "Receiving your instructions to find a buyer and subsequently introducing Mr Brown at the agreed sale price" However as I cancelled they didn't receive any instructions, did they?

mart.vader

Did "Mr Brown" buy your house ?

googler

skeletonblues wrote: »

5 months after I cancelled the contract they contacted me to see if it was still on the market as they had a buyer. I said ok but they wanted me to sign a 'one off' contract. I said no way but IF they still wanted to show them round they could. The final bill they says "Receiving your instructions to find a buyer and subsequently introducing Mr Brown at the agreed sale price" However as I cancelled they didn't receive any instructions, did they?

You've implicitly instructed them by accepting the buyer they introduced as a viewer, and by accepting an offer from that viewer - assuming the Mr Brown referred to was the viewer and subsequent buyer.

mrginge

skeletonblues wrote: »

Hi all, thanks for the interesting opinions. I originally signed a 12 week contract that I could then cancel with 2 weeks notice. In that time they sent 5 buyers to view but did not accompany them. I was present and showed them round myself. I don't have the contract now, I binned it after 3 months. 5 months after I cancelled the contract they contacted me to see if it was still on the market as they had a buyer. I said ok but they wanted me to sign a 'one off' contract. I said no way but IF they still wanted to show them round they could. The final bill they says "Receiving your instructions to find a buyer and subsequently introducing Mr Brown at the agreed sale price" However as I cancelled they didn't receive any instructions, did they?

Sounds like you instructed them to send a potential buyer round to me.

Pay up.

DRP

googler wrote: »

You've implicitly instructed them by accepting the buyer they introduced as a viewer, and by accepting an offer from that viewer - assuming the Mr Brown referred to was the viewer and subsequent buyer.

^^yeah this.

OP- I don't understand the problem you have with the EA?

They found you a potential buyer. You had the option not to sell to him.

Written contract or not, surely you owe them the agency fee?

skeletonblues

Hi Yes Mr Brown did buy igt. I was in the process of letting the property as I could not sell it and a week before the tenant was due to move in the EA got in touch. Yes I sold it due to the EA showing the buyer round. But I feel they did not earn the full fee they are asking for. I refuse to pay for the advertising etc which they did when I had a contract and didn't sell it. But I'm happy to pay say £250 for introducing the buyer 5 months later. I thought I might write to them and offer that and see where it goes.

UsernameAlreadyExists

So you've messed around a tenant as well ?