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Estate agent contract

Hi all
My mum has been trying to sell her house for about 4 months was about to go multi agent and had sent email that she was. Then got an offer of 170k which she accepted. But other agent pestered her for some viewings which she did and now has an offer of 179k. My question is how binding is the original offer nothing has been signed?
My mother can't go with the new agent until next week officially can the original estate agent sue for breach of contract?

Comments

  • TrickyDicky101
    TrickyDicky101 Posts: 3,534 Forumite
    Part of the Furniture 1,000 Posts
    Hi all
    My mum has been trying to sell her house for about 4 months was about to go multi agent and had sent email that she was. Then got an offer of 170k which she accepted. But other agent pestered her for some viewings which she did and now has an offer of 179k. My question is how binding is the original offer nothing has been signed?
    My mother can't go with the new agent until next week officially can the original estate agent sue for breach of contract?

    So let me get this straight: an agent with which your mother has no current contractual relationship tells her that he has an offer from one of his clients for her house significantly over the value of a credible offer from another agent (with which she does have a current contractual relationship)? Does this second agent's client not have the nous to use Rightmove perhaps? This smells like manure. Why is your mother prepared to fall for (or into) it?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Hi all
    My mum has been trying to sell her house for about 4 months was about to go multi agent and had sent email that she was.
    She should not use email. A letter, giving the appropriate notice(see the contract).
    Then got an offer of 170k which she accepted. But other agent pestered her for some viewings which she did and now has an offer of 179k. My question is how binding is the original offer nothing has been signed?
    until Exchange of Contracts it is not binding at all.
    My mother can't go with the new agent until next week
    If the original sole agency contract does not end till next week (but seemy advice above!), then any introduction (eg the £179 offer) made before then will be chargeable by the originalsole agent
    officially can the original estate agent sue for breach of contract?
    No. But he can send you a bill and sue you ifyou don'tpay it!

    Negotiate. Get an agreement if you can to split the fee between the 2 agents, and if they agree, GET IT IN WRITING

    Assuming of course, as Trickie says, the £179 offeris real.....
  • cattie
    cattie Posts: 8,844 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If your mother is looking for another property, I hope she doesn't have an offer accepted only to find herself gazumped like this a bit further down the line.

    Usually if you have a contract with an ea you have to give a certain amount of written notice before the end of the contract to have it properly cancelled, often 14 or more days. You need to read the contract to know the full terms.
    The bigger the bargain, the better I feel.

    I should mention that there's only one of me, don't confuse me with others of the same name.
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