Help: Old Estate Agent/ New Agent

beckle_82

Hello,

I was just wondering if anyone could help me with a question I have about my flat sale.

Since January I have had my flat on the market with Your Move. After 20 weeks I decided I wasn't really happy with them so looked around for alternatives. As I was out of my initial 12 week contract there was no problem doing this.

So mid May I signed a 20-week contract with William H Brown to market it. This being my first house sale I had no idea that the initial estate agent could still sell my place to anyone who had viewed it up until the end of my contract with them.

Today - 4 weeks into my 20 week contract Your Move have come forward with an offer from someone which I have accepted. Does anyone know where this leaves me in relation to my 20 week contract with William H Brown? They never sent me a copy of the terms and conditions for my contract but I'm guessing there is a fee.

Any help would be gratefully received.

Thanks as always!

G_M

beckle_82 wrote: »

Hello,

I was just wondering if anyone could help me with a question I have about my flat sale.

Since January I have had my flat on the market with Your Move. After 20 weeks I decided I wasn't really happy with them so looked around for alternatives. As I was out of my initial 12 week contract there was no problem doing this.
* Did you actually write and cancel the YM contract?
* was it a 'Sole Agency' contract?Or 'Multi Agency'? Or 'Sole Selling'?
* what was the cancellation period (2 weeks notice is common)? Did you give 2 weeks (or whatever).


So mid May I signed a 20-week contract with William H Brown to market it.
* was it a 'Sole Agency' contract?Or 'Multi Agency'? Or 'Sole Selling'?
This being my first house sale I had no idea that the initial estate agent could still sell my place to anyone who had viewed it up until the end of my contract with them.
If they introduced someone during the contract, wholater bought, they did their job and you pay their fee!

Today - 4 weeks into my 20 week contract (with WH Brown?) Your Move have come forward with an offer from someone which I have accepted.
When did thisperson view?
Does anyone know where this leaves me in relation to my 20 week contract with William H Brown?
* was it a 'Sole Agency' contract?Or 'Multi Agency'? Or 'Sole *Selling'?
* Did they introduce the buyer?
They never sent me a copy of the terms and conditions for my contract but I'm guessing there is a fee.
* If you discussed the terms, and you accepted (even orally) and they started marketing, you have a contract

Any help would be gratefully received.

Thanks as always!

More info needed

beckle_82

Hi thanks for this, here are the answers to the questions


* Did you actually write and cancel the YM contract?
Yes I wrote to them with recorded delivery and they confirmed verbally they knew the contract was ending on a particular day, although they said so long as they could prove they had shown the buyer the place before this date they could still sell to those individuals.

* was it a 'Sole Agency' contract?Or 'Multi Agency'? Or 'Sole Selling'?
It was a sole agency

* what was the cancellation period (2 weeks notice is common)? Did you give 2 weeks (or whatever).
The cancellation period was two weeks and I gave them 2 weeks and 2 days notice to take it through to the end of the week.

* was it a 'Sole Agency' contract?Or 'Multi Agency'? Or 'Sole Selling'?
WHB also had a sole agency contract which started two days after the end of the YM contract

When did this person view?
This person viewed the week prior to my contract finishing with YM - I suspect they did as many viewings as they could (I don't actually live at the property so was never told when viewings were.)


* Did they introduce the buyer?
YM introduced the buyer not WHB. He made an offer in the week prior to my contract ending, but I turned it down. He has now come back weeks later with an increased offer.

* If you discussed the terms, and you accepted (even orally) and they started marketing, you have a contract
The only terms and conditions I was told about were the fee and 20 week period, I was told the full T&Cs would come in the post but they never did. This was more of a question as to if anyone had a copy so could give me the overview.

kingstreet

Does the contract with agent one stipulate a period after the contract is cancelled in which they can claim commission on a sale to a returning buyer? Some can be as long as six months.

Was a list of those who viewed through agent one provided to agent two with an agreement that if these potential buyers returned and made an acceptable offer within agent one's termination period, they would be agent one's sale?

If within this period, I believe commission is due to agent one, the issue here is will you also owe agent two as well.

In hindsight, it may have been better to go joint agency with a "who sells wins" agreement that only the agent which sells the property gets paid. That way you could have guaranteed agent one would have provided agent two with a former viewers list.