House we had offered on now changed EA. How to proceed?

silvercar

I agree with G_M. Following his advice will mean no unexpected issues further along.

googler

The first EA can only claim a fee if they introduce the buyer to the actual sale, not just to the property. The landmark case in this regard was the Foxtons one in 2008.

The offer through the first EA was rejected. If the OP now makes an offer through the second EA, there's no way the first one can be seen as introducing the OP to the sale, as they rejected the OP's offer.

rosie383

Really? From everything I have read I was pretty sure it is the EA who introduces a proceedable buyer.

rosie383

Drove along outside the house yesterday and EA1 for sale sign has gone and EA2 sign is there now. I think (but am not sure) that they were with EA2 when they first went on the market in August, but I may be wrong.

So I rang EA1 today and they said that as far as they are aware, the property has been taken off the market. Says that the owners had found a property to buy but refused to give the EA details any details of it. TBH I know the EA is extremely pushy and the vendors probably got really p**sed off at this so sacked them. Can't find the house online with EA2 and waiting on a call back from them. I was going to just fish to see if they had any info, (EA1 told me they had sole-selling rights so would definitely be the benefit of the fees if we were to offer again) but I think I will just come straight out and ask them. It looks as if we are not going to get this house anyway, so I have nothing to lose. At least I will know for definite, so can put the house out of my mind for good. Grrrr.
Back to Rightmove and just hope and pray that something decent comes on the market that we can afford.

Hoploz

If you're getting no joy from the estate agents then put a note through the door with your contact details, explaining your new offer. The old agent will be entitled to the fee I imagine, but might that avoid contact with the second agent? Not sure whether you said you'd be in touch with the second agent about it or not.
The owner can then decide what they want to do about contacting agents

rosie383

I managed to speak to the second agent and he says that EA1 is talking rubbish. The house is definitely on the market with them. Because of the contracts in place it would be EA1 who would get the commission. The vendors are looking for a new build and so far haven't found anywhere so wouldn't be in a position to proceed anyway. And from what I have read on here about new builds that could be a bit of a wait. So I am reluctantly saying goodbye to that home in my mind now. Aw well, at least I know.

Is there anywhere else I should be looking? Nothing on Gumtree, and I check Rightmove at least twice a day. Figured that anything I see on there will be the same on zoopla and primelocation too. Interestingly though, I have just been told that Haart may be having problems as they are not putting any of their properties on zoopla now which is odd. That is in our area anyway, not sure about nationwide.

penguingirl

rosie383 wrote: »

Interestingly though, I have just been told that Haart may be having problems as they are not putting any of their properties on zoopla now which is odd. That is in our area anyway, not sure about nationwide.

It may be that they are withdrawing from zoopla? We put our house up sale last month and one of our local EAs is withdrawing from zoopla. They have signed up to an EA-funded website called http://www.onthemarket.com/ which goes live at the end of the month, but one of the conditions is that they have to drop either RM or zoopla. I noticed a house we were interested in had disapeared off zoopla yesterday (still on RM), and when I looked harder I couldn't find any from that EA

AdrianC

Really can't see any EA choosing a new and un-heard of site over RM. Zoopla is very much the second player, so that'll be the one that gets hit first.

Glover1862

I've used a couple of Luton agents, service varies a lot. Currently using Connells town centre. I assume they are one of the two. I found decent Luton property moves quick which is surprising as a few years ago no one wanted to know and prices quite a bit cheaper than surrounding areas such as Hitchin. Hope you find something.

oldbaldman

Agents will choose the new site purely due to cost at first, as it establishes a market profile more will go to it. The aim is to deprive Zoopla and RM of business or at least substantially reduce it and the high fees that they charge agents.

obm