Something funny happened on the way to the forum!

Pupster

My house is on the market with a local estate agent (there is no tie in as such - they just ask a week's notice if want to change them). I have had an offer on my property and as it is quite a bit below the asking price, although I have accepted in principle I decided to go ahead with the 'open day' they had booked for me today.

So after spending the whole morning getting the house ready I suddenly had a thought and went on line to check if the open day had been advertised - and guess what - no it hadnt! I rang estate agents who said they were very sorry for the mistake and they would talk to me about it soon. I sat down and contemplated the situation. An hour later, I decided to walk the dogs and clear my head. So off I went. A few streets away and I saw a couple get out of a car and ask a man in a garden close by if the house over the road was empty. He pointed to a house with a sale board up. Just on the off chance I said to the couple funny you should ask that and proceeded to tell them about my open day non event - and yes youve guessed it I took them to view my house. They seemed very interested and we exchanged phone numbers.
Well my question is (if you havnt fallen asleep) if I were to get an offer from these people - would I need to include the lacksidaisical estate agent? I already have an appointed conveyancer/solicitor - would it be a good idea to sell without the EA? Thank you

PasturesNew

No need at all. Just give a week's notice to your agent and you should get away with it as there's no trace back to you.

StevenMarks

PasturesNew wrote: »

No need at all. Just give a week's notice to your agent and you should get away with it as there's no trace back to you.

There is nothing to "get away with". The fee to the agent is for introducing a buyer which they did not do so no fee applies.

I had my first property up for sale and agreed a deal with next door neighbour's boyfriend's brother. Told agent taking off market as had private buyer. They took it down with no quibble and no fee.

moneyistooshorttomention

In your position - I'd give the EA that weeks notice and then go for these buyers - as they certainly haven't been doing their job properly to do zilch publicity for your open day.

I presume by "quite a bit" you mean one of those automatic knock 10% off type offers - in which case....I'd go ahead and follow it up with that couple you mention.

If its just a reasonable amount off - say coupla thousand £s or so - then I'd stick with the agreement in principle I already had. My own personal take on things is not to accept unreasonable offers in the first place - so, as soon as I have my buyer, I can forget about still looking for another offer (as I would be happy with the one I had). My personal take re EA's is I keep a very firm weathereye on how my EA is doing their job - and they are aware of that (they know I literally dot every I and cross every t....).

kingstreet

If the property was available and the contract was valid during the period an offer is made, you remain liable for the agent's fee.

The contract is likely to be worded thus:-

"our fee is payable if, during the sole marketing period, a buyer able to proceed to unconditional exchange of contracts is found."

Read your contract.

tim123456789

StevenMarks wrote: »

There is nothing to "get away with". The fee to the agent is for introducing a buyer which they did not do so no fee applies.

Unless they have foolishly agreed to "sole selling rights"

tyim