New estate agent and old estate agent who gets the fee?

jbainbridge

Given that you seem to have only recently left EA X and they did 'introduce' the buyer they are probably entitled to the fee.

If both EAs claim the fee - YOU are the one to loose out - no one else. One of the EAs need to forgo their fee (or maybe half and half). Get this agreed before accepting the offer!

pmlindyloo

This link might be helpful to you:

http://www.tpos.co.uk/downloads/TPOE27-1%20Code%20of%20Practice%20for%20Residential%20Estate%20Agents%20(Effective%20from%201%20August%202011).PDF

Scroll down to 3r where it talks about what the estate agent must do when you terminate your contract as regards any fees that could be owed after termination.

pippin06

pinkteapot wrote: »

Introducing can just mean a viewing.....

Can it? Do you know where I can find something official on the terminology of this word when it comes to e.a.?

Hanky_Panky

pinkteapot wrote: »

Tell agent Y now that the guy previously viewed and offered through the other agent. Agent Y shouldn't be touching him with a barge-pole.

Most EA contracts are such that whichever EA first introduced that buyer to you will get the commission. Introducing can just mean a viewing.

My mum bought a house which had changed agent. She viewed with the first agent but didn't offer. By the time she wanted to offer, it was on with a new EA. She phoned the new EA and explained that she'd previously viewed. They told her to call old EA, which she did, as old EA would be the one who'd get the commission.

New EA might try and pinch it, but your contract with agent X is likely to give them an entitlement to commission if you sell to Mr A....

My understanding of this is that they can state what they like in the contract, the important part of law that applies in cases like these is that it is the agent who progress it through to a successful sale (completion) that is due the fees - not the introducer.

Having said that I have also heard of many cases where the agents agree to share commission to avoid any confrontation.

pippin06

jbainbridge wrote: »

Given that you seem to have only recently left EA X and they did 'introduce' the buyer they are probably entitled to the fee.

If both EAs claim the fee - YOU are the one to loose out - no one else. One of the EAs need to forgo their fee (or maybe half and half). Get this agreed before accepting the offer!

Even though the offer is different - not only in amount but in terms of being acceptable or not? All X did was make a phone call to arrange a viewing (I even showed the potential buyer round because no one from the office was available). They made no successful negotiations leading to an acceptable offer.


Their only claim to a fee is that they "introduced" the potential buyer but they were never going to buy through them because we would never accept the offer X got.

pippin06

Hanky_Panky wrote: »

My understanding of this is that they can state what they like in the contract, the important part of law that applies in cases like these is that it is the agent who progress it through to a successful sale (completion) that is due the fees - not the introducer.

Having said that I have also heard of many cases where the agents agree to share commission to avoid any confrontation.

To me this seems obvious because if Mr A had just seen our house it would be via Y and Y has negotiated the SALE where X has arranged a view only. But I would like to have something official. Maybe there isn't anything official and like you say its just an agreement.

pippin06

Thanks everyone for your replies - I'm reading them all and finding them interesting and helpful


Cheers!

pmlindyloo

These are the people that you need if you have any problems:

All estate agents must belong to a complaints redress scheme approved by the Office of Fair Trading (OFT). So far the OFT has approved two schemes - a redress scheme run by the Property Ombudsman and a scheme run by the Ombudsman Services: Property. If you have a complaint about an estate agent when you buy or sell property, you will be able to refer the complaint to the Property Ombudsman or the Ombudsman Services: Property. Estate agents that refuse to join a scheme can be fined.

Have you read the link that I gave you?

This whole thing is based on what the contract of estate agent x said. If there is a term about owing a fee (commission )after the contract has ended if estate agent x introduced the client then estate agent x should have written to you after you had terminated the contract to state this/remind you of this. Did they do this?

It is all about contracts and unfair terms etc etc.

theartfullodger

pmlindyloo wrote: »

....

All estate agents must belong to a complaints redress scheme approved by the Office of Fair Trading (OFT). ...

....

Yeah, right, just like everyone driving on roads in UK may not exceed 70mph: Oh look, some do!!

jjlandlord

pmlindyloo wrote: »

This whole thing is based on what the contract of estate agent x said. If there is a term about owing a fee (commission )after the contract has ended if estate agent x introduced the client then estate agent x should have written to you after you had terminated the contract to state this/remind you of this. Did they do this?

Perhaps he should have, though I don't see why it would have been an obligation (Have you got a reference?), and why failure to do so would have rendered the clause void.