2 Estate Agents claiming sellers fees

Annie1960

googler wrote: »

Which legislation?

Consumer Protection from Unfair Trading Regs (2008).

googler

Annie1960 wrote: »

Consumer Protection from Unfair Trading Regs (2008).

A sizeable document, and no mistake.

Which bit of it applies to the OP's situation?

Annie1960

googler wrote: »

A sizeable document, and no mistake.

Which bit of it applies to the OP's situation?

Go and read all about it on the Ombudsman website and Trading Standards.

jjlandlord

Annie1960 wrote: »

The above link is to the Ombudsman Code of Practice. See para 3q in particular.

The fee in this case belongs to the first EA. The second EA should have explained the possibility of a double fee to you, and should have asked you for a list of names of people introduced by EA1.

If a person then approached the second EA, they should have been referred back to the first EA.

Tell the second EA you will be putting in a complain to the Ombudsman if they do not either:

-come to an arrangement with EA1 to chard the fee, or

-drop their claim for a fee entirely.

They should be negotiating this between themselves, not with you.

These 2 agents do not have any contract between them, why should they negotiate between themselves and not OP?

OP is the person liable for any commission.

Whether EA1 is indeed entitled to a commission has no impact on whether EA2 is also entitled to a commission.

If EA2 did not explain the risk of double commission when he should have, OP can indeed complain to the Ombudsman, but the agent can still sue.

moneyistooshorttomention

Annie1960 wrote: »

I don't understand what you are saying here. Are you saying you did not have a signed contract with either of the EAs?

No.

She is replying to my point as to whether her specific instruction to EA 2 on that particular point was in writing or made verbally. Made in writing, then OP would have proof of what she instructed them at that specific point.

THE instruction was the written contract signed at the outset and is unrelated to this specific point.

OP - I would still think it worth pointing out to EA 2 that they were being inefficient not to abide by that particular instruction you gave them on that point and so its up to them to carry the can and quote the name of the person you told that point to. I wouldn't give up hope yet of escaping "being trussed up like a turkey" in your position.

Good luck.

googler

Annie1960 wrote: »

Go and read all about it on the Ombudsman website and Trading Standards.

Been there, done that, got the T-shirt. Trying to establish if you have.

wendyrobson

Annie,
I had contracts with each agent having given the appropriate time, 28 days between the two. What I don,t have is a specific written record of my instruction to agent 2 not to deal with anyone that agent 1 had shown property to. I expected agent 2 to ensure that any viewers were new to them which obviously didn,t happen..
Thanks to all for your comments. I will now write to both agents when I get back to blights with a view to then taking my complaint to the ombudsmen.hopefully the ombudsman will not want to see an innocent seller being treated in this way!!

robatwork

The EAs who patrol this forum wonder why they get a bad name.....

Annie1960

wendyrobson wrote: »

Annie,
I had contracts with each agent having given the appropriate time, 28 days between the two. What I don,t have is a specific written record of my instruction to agent 2 not to deal with anyone that agent 1 had shown property to. I expected agent 2 to ensure that any viewers were new to them which obviously didn,t happen..
Thanks to all for your comments. I will now write to both agents when I get back to blights with a view to then taking my complaint to the ombudsmen.hopefully the ombudsman will not want to see an innocent seller being treated in this way!!

The idea is that either you or agent 1 should have provided agent 2 with a list of names of people who had been introduced by agent 1.

However, according to the ombudsman, agent 2 has a duty to bring this to your attention, especially if they knew your property had recently been marketed.

My view is that if you suggest they either:

a sort it out between themselves, or
b you will take it to Ombudsman


that may help. However, if it doesn't you may actually need to take it to the Ombudsman or walk away and start again, remembering to ask both agents for a list of people they introduced.

If you then go to agent 3, you will need to give them this list. If any of the people on the list approach them, agent 3 should refer the person back to either agent 1 or agent 2.

This assumes that not much time has passed, and the conditions are the same (price etc).

Gwhiz

jjlandlord wrote: »

These 2 agents do not have any contract between them, why should they negotiate between themselves and not OP?

Whilst there is no contract, it can sometimes be the 'common sense' approach that solves a problem.

I've been in this situation before and, rather than waste my own time with bickering agents, told them to come to an arrangement between themselves as I will not be paying two commissions. Either that or there will be no sale at all.

Funny, but they managed to sort it out without any inout from me after that.