2 Estate Agents claiming sellers fees

Annie1960

Gwhiz wrote: »

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.

Exactly.

I have recently found a buyer for my property. Because I have lived here over 25 years, I had no idea what was involved in moving house so I spent a couple of days on the TPOS website reading all the cases that had been referred to them, so I understood the pitfalls.

I signed up with one EA who was absolutely hopeless. I had a short contract, so I terminated this and signed with another. I discussed this issue with the second EA, who told me exactly the same things the Ombudsman had said. The Ombudsman expects EAs to behave in a sensible manner and avoid this situation happening in the first place. If it does happen, then EAs are expected to sort it out as the Ombudsman takes a dim view of receiving these complaints. The Ombudsman has specifically stated that vendors should not be expected to pay two sets of fees.

The OP in this case is in a strong position as they have not yet exchanged contracts, so can probably sort it out without having to go to the Ombudsman.

jjlandlord

My point remains that the vendor is in charge. He his the one with contractual obligations with both agents, and thus liable to pay the commissions and to get sued.

So it is for him to sort things out instead of passing the buck.

Indeed, if there has been no exchange of contract yet, he can just tell EA1 to accept £x or otherwise nothing as they'll find another buyer.

PasturesNew

robatwork wrote: »

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

Wrong. They KNOW .... they just don't care. They probably read out bits and pieces "for a laugh" while eating cake and drinking champagne at their offices.