Two Estate Agents, One Sale, Slightly Different Problem?

dadio77

Hi All,


I have seen similar threads on here so apologies if I have missed the answer, but I think I am in a slightly different position, so here goes...!


I changed agents a couple of months ago after only one viewing through EA1. I had a viewing through EA2 at the weekend who happened to be the same person! They now have their finances in place, and we are expecting an offer from them in the next day or two. Unlike the similar threads on here, I have no real desire to avoid EA1, due in the main to EA2's commission being double!


I have checked both contracts, and they each seem to have a claim on the commission, but there is no way I will pay them both in full. My assumption is EA1 does not know about the viewing but I'm aware that this could come up. I have mentioned this to EA2 when they rang with feedback, and they pretty much ignored what I told them, with good reason I guess.


Therefore I am trying to decide what to do - the viewer gave me his contact details so I can speak with him direct. Would I be in any stronger position if I pointed him to EA1 should he want to proceed, or am I opening a can of worms? Is it likely that EA2 will have a strong claim? Or should I just be upfront with everyone, and offer to pay 50% commission to each agent upon completion?


Any thoughts on this would be massively appreciated!

pjread

What are your agreements with the agents? You may well technically at least be liable to pay both, depending on the terms you agreed,,,

nomoneytoday

AFAIK if EA1 is the introducer, as long as EA2 knows when the contract is signed then EA1 gets the £commission

silvercar

Contact the viewer, tell them to make the offer through estate agent EA1 and they should inform EA2 that they realised that they had already seen the property through EA1.

missVN

When we changed estate agents, the first agent sent a letter to the new agent listing all the viewers that they had introduced and we were told if any of those viewers subsequently made an offer then we would pay the first agents fees.

G_M

If both agents seperately introduced the buyer (ie 2 viewings, one via EA1 and 1 via EA2) then you are likely to get a bill from both.

Get negotiating!

dadio77

pjread wrote: »

What are your agreements with the agents? You may well technically at least be liable to pay both, depending on the terms you agreed,,,

EA1 have a clause covering a buyer introduced by themselves exchanging within six months, EA2 have a clause covering any sale within their period (20 weeks) even if they didn't 'find' the purchaser.


As the feedback from the initial viewing was not massively positive, I didn't even think about them resurfacing when I switched!

dadio77

nomoneytoday wrote: »

AFAIK if EA1 is the introducer, as long as EA2 knows when the contract is signed then EA1 gets the £commission

Would this stand up to any legal scrutiny though? I have seen people quote the Foxtons case where judgement fell in their favour as the introducing agent, but I believe EA2 were also paid in this case?

eddddy

Are you sure this is correct:

dadio77 wrote: »

...
EA2 have a clause covering any sale within their period (20 weeks) even if they didn't 'find' the purchaser.
...

Normally, it would say something more like, they would get a fee for:

1) any sale to a purchaser introduced within their agreement period, even if they didn't introduce the purchaser.

Or

2) any purchaser that they have negotiations with (e.g. somebody who submits an offer through them)

So normally, the best advice is to make sure this buyer doesn't negotiate (i.e. discuss submitting an offer etc) with EA2. But goes back to EA1 instead.

dadio77

eddddy wrote: »

Are you sure this is correct:



Normally, it would say something more like, they would get a fee for:




So normally, the best advice is to make sure this buyer doesn't negotiate (i.e. discuss submitting an offer etc) with EA2. But goes back to EA1 instead.

Hi Eddddy, the actual clause is:


You will be liable to pay... if unconditional contracts for the sale of the property are exchanged in the period during which we have sole selling rights, even if the purchaser was not found by us but by another agent or by any other person, including yourself;


They are a nationwide EA and a member of the Property Ombudsman.

rachhh

Both agents here have a claim to their individual commissions. Have a chat with your negotiator at EA2 and possibly see if they could try and get the buyers to go a little higher than whatever they offer to cover EA1's commission too?