Offer on property from a buyer introduced through a previous estate agent

brutus6

I am selling my property. We had it on with one estate agent and the contract has ended. We switched to a second agent recently. Both contracts were on sole agency and there was no overlap.

Since moving to the new agent, a lady that viewed our property with the first agent has made an offer. The offer has been made through the first agent and she hasn't approached our current agent so as far as I am concerned there is no problem there. If she had, then I understand we would have to pay dual fees - that is quite clear (12 month period with first agent).

However, does anyone know where I stand if I accept the offer from via the first agent? Will I have to pay dual fees in this case? Seems a bit unfair and I could lose the sale because of this. The offer is not fantastic as you can imagine in this economic climate, but if I accept and pay two fees, it could really eat into my budget for the move to the next place.

I did speak to the first agent about this and they seemed to think I wouldn’t have to pay agent number 2 anything, but then I expected them to say that as they aren’t paying the fees. Also looking at the contracts for both agents, it’s not clear cut. There is nothing in black and white that clearly explains the protocol for this situation. Typical!

This must have happened to someone else, so I am hoping someone out there can advise on best course of action. Or point me in the right direction of some information on this?

* This is my first post and I have searched the forum, but couldn't find a similar post. Hope this hasn’t been discussed already.

Mr_Moo_2

Welcome.... from what you say I can't see what Agent 2 has done to earn any fee - the introduction and the offer has been made through Agent 1? So you pay them. But you probably need to look really carefully at what the wording of the contract with Agent 2 actually says.

brutus6

Thanks for the quick reply.

I can see why Agent 2 might be a bit disappointed as they will have paid for advertising the property on Rightmove and in the local papers etc.

However, if I am not obliged to pay them, then I don't really want to pay two lots of fees.

littlesparkles

I had my property on with 2 agents. I had to pay the fee to whichever introduced a buyer. I had multiple agency contracts with both. When I told agent 2 I had accepted an offer through agent 1 they just wrote me a letter to confirm that they were removing my property from the market but would expect a fee to be paid if if was found that the buyer was introduced through themselves after all.
I think it will depend on what your contracts say.

brutus6

By the way for anyone else in my situation, this was resolved. Agent 2 just took the property off the market after I told them and I paid one fee to Agent 1.

googler

Well, i was going to ask (having not read all the way through to the last post)

How can EA1 accept the offer and progress the sale if you don't have a valid contract with them?

Jenniefour

OP, check your contract closely with the first agent. That might answer your question.

Sorry - behind here, see you've got it sorted out!