Sole agency query

gargoyle102

Hi

I am new and in the process of buying and selling. I am hoping that other forumites can help me out.

I place my property on the market with the estate agents as sole agency in the T & Cs. (Not sole selling)

A week ago I informed them I had private buyers who are friends of 5 years and had accepted their offer. No introduction made by the estate agents. They were then list as excluded parties on the T & Cs. I also confirmed verbally with them that I did not have to pay any sellers fees. I made it clear that no views were to take place and that anyone enquiring should be told that it is off the market as it was sold.

Today I confirmed with them that it was still sold and asked about using my 14 day cooling off to cancel as position is unlikely to change.

This was confirmed verbally and in writing that I had a private buyer who were listed as excluded parties and that they who let the file sit in the cupboard. Also confirming removal of advertising and from the internet.

Oddly they have e-mailed my friends this evening a copy of the property listing.

I then e-mailed the estate agents asking them to cancel my contract to ensure buyer confidence.

My questions are

Should I be worried?
Does them e-mailing my friends change anything?
Are they likely to try and get fees out of me? (they have not confirmed this in writing but only verbally)

Thanks everyone

Simon354

I wouldn't be worried. You can easily prove the buyers are friends of yours. I can hardly see the estate agent trying to sue you in court over it all.

gargoyle102

:j thanks.....for some reason buying and selling brings out the anxiety in one! All nervy and excited at the same time. I thought I was right then you start doubting yourself because of the nerves! :eek:

G_M

How did they get your friends' contact details?

I would certainly wonder whether they are trying to establish that they 'introduced' your friends to you as buyers.

Keep a track of the dates and content of your discussions and letters with the EAs, as well as asking your friends to keep their email. This should establish clearly that you informed the EA of your agreed sale to your friends before they emailed the details to them.

gargoyle102

They were on their mailing list but never ever had any marketing from the estate agents.

My friends knew which agency I was marketing with as I told them, but they made there offer to me there and then and e-mailed me confirmation of this 2 weeks ago.

I then had them list as excluded parties as I told the agents that they were buying from me and how I knew them.

I asked the agents to take it off the market and they confirmed this in writing and that my friends are excluded parties.

My friends had never viewed the property through the agents, no for sale sign outside and no e-mail notifications to them.

My friend then received an e-mail from them today which we both thought was odd.

G_M

gargoyle102 wrote: »

They were on their mailing list but never ever had any marketing from the estate agents.

Did they register with the agents before or after making their offer to you?

I suspect that if they signed up with the agents prior to making their offer you will receive a bill in the post when the sale Completes.....

Annie1960

What did the email your friends received say, exactly?

Have they asked your friends for details of their solicitor? Have they sent a memorandum of sale to your friends?

In your position, i would email or write to the EAs asking why they are sending your property details to your friends, as you have already agreed a sale.