Can I ditch my Estage Agent and sell privately?

G_M

eddddy wrote: »

I disagree with the other posters.

But first, are you saying that you are buying and selling through the same EA?

If so, the EA introduced you to the property you are buying.

But the EA has not introduced the 'other party' to your property.


Talking of Judges (and 'effective introductions'), see what the court of appeal said in Foxtons v Bicknell : http://www.solicitorsjournal.com/news/family/children/no-future-estate-agents-battling-over-introductions

But this won't stop some dodgy EAs kicking up a fuss.



Obviously, this assumes that you have a fairly standard 'Sole Agency Agreement' - that talks about fees being payable for introducing a buyer.

If you have a 'Sole Selling Rights' agreement - you probably will have to pay a fee.

Good old Foxtons again. Funny how often the Court of Appeal has to clarify areas of law where Foxtons have been pushing the boundaries!

I think people have been thinking of the word 'introduce' in layman's terms/everyday usage. Not in legal terms.

Yes, the EA here was responsible for the OP and his seller 'getting to know each other' (ie 'introduced' as understood in everyday usage).

But as edddy points out, that's not the same as initiating and concluding the property deal.

But I also agree that the EA is likely to try hard to get their fee. Since EA fees are usually paid by the conveyancer out of the sale money, the solicitor will have to be convinced the EA is not due his fee (assuming the 2 trasactions leave some money in the conveyancer's hands of course).

Remember the old adage: "possession is 9/10ths of the law". If the conveyancer holds funds, and sides with the EA and pays them, OP will have to use the law to get it back. If there's no spare cash, or the conveyancer sides with the OP, the the EA has to go to court to get paid.

mrginge

I think the key is as stator says -
Is this one EA or two separate ones?

In the former case, i'd find it hard to argue that the effective cause was not the sole EA.
In the latter case then it's pretty easy to dispute.

tc83

stator wrote: »

It's quite a unique situation but I think eddddy is correct. You need to check the terms of your contract with the EA.

You are selling your house with estate agent X. You have had many fall through but no buyer. You want to dump them.
You are buying a house from person Z. Person Z is using estate agent Y.
Person Z has offered to buy your house. Person Z was not introduced by an estate agent because they already knew you, you are buying their house.

Could you please clarify: Are estate agent X and estate agent Y the same?

Yes same agent

princeofpounds

Yes same agent

Ah, that changes things. Because the agent does have a contract with you in a way that a different agent would not.


And could possibly claim that they have introduced the property to the other party (even if accidentally, they have conducted actions which caused the other side to become aware of the property).

Marvel1

tc83 wrote: »

Only wanting to save myself thousands of pounds. No shame in that!!!

Why use them in the first place?

stator

tc83 wrote: »

Yes same agent

Ok, have you checked the basis of your contract with them?
Is it Sole Selling Rights ?