Agency Agreement Ended - Do I have to pay fee for introductions?

TrickyDicky

I notified my agent 2 weeks ago, that I wanted to end my agency agreement yesterday, but they rang me up today with another viewing.

If I accept this viewing, because the introduction came today (after I have cancelled the agreement), would I still need to pay their agency fee should this viewer come to our house and make an offer?

melstar11

This is clearly a tactic to keep you as a client. There is no way an agent would make an introduction and waive any fee they would otherwise expect to get. It's not clear whether you are selling or looking to let a property, but either way they'll want a fee.

pmlindyloo

What does it say in the contract with your agency?

TrickyDicky

This is for selling my property.
My contract says that I shall be liable for the fee should anyone be introduced during the agency agreement. But they also define "introduced" as someone seeing the for sale board or the web advert.

Im going to tell them to take it off rightmove today, and also tell them I will not accept any more 1st time viewings from next week. Easiest way to void our agreement.

Guest101

TrickyDicky wrote: »

This is for selling my property.
My contract says that I shall be liable for the fee should anyone be introduced during the agency agreement. But they also define "introduced" as someone seeing the for sale board or the web advert.

Im going to tell them to take it off rightmove today, and also tell them I will not accept any more 1st time viewings from next week. Easiest way to void our agreement.

So literally they have said anyone that walks or drives down your road is now their introduction? I don't think so.

mrginge

Guest101 wrote: »

So literally they have said anyone that walks or drives down your road is now their introduction? I don't think so.

A for sale board is a piece of marketing. That's why they put them there.

Guest101

mrginge wrote: »

A for sale board is a piece of marketing. That's why they put them there.

Agreed, it's not an introduction though.

mrginge

Guest101 wrote: »

Agreed, it's not an introduction though.

It is the same level of introduction as someone looking at a rightmove listing.

TrickyDicky

Hi - Im bringing this up again as Ive just got a little worried with some wording on my actual agreement. It makes no mention of websites or for sale boards being "introductions", but it does say this (I have removed the agent's name, but it is otherwise verbatim - punctuation included):

The Vendor shall pay to <agent> the sole agency commission (being the sole agency percentage specified in <agent>'s agency agreement, of the total sale price of the property, or such other percentage or sum as may be agreed and confirmed in writing by <agent>) if contracts for the sale of the property are exchanged (whether during the period of the sole agency agreement or at any time thereafter) with a buyer who was first introduced to the purchase, during the period of the sole agency by <agent> or another agency within 6 months of the date instruction ended. If no other agent is involved this this time limit extends to 2 years

Am I reading this correctly:
1. I owe <agent> if they introduce someone and I sell to them during the period of the agreement.
2. I cancel the agreement and sign up with another agent. If I sell the house to anyone within 6 months of end date, I still owe <agent> and I will probably owe the new agent too.

Or is it that
1. I only owe <agent> if I sell to someone who was introduced by <agent> or <new agent> during my agreement. (ie. I meent them during the agreement and I sell within 6 months of the end of the agreement).

mrginge

You ask <agent> for a list of people they have introduced.
Then you consider foxtons vs hamptons to determine whether or not you believe <agent> would have introduced that purchaser to the actual purchase.
For example. Just showing someone round would likely not constitute an introduction, however showing someone round, negotiating a sale price, getting an offer accepted, discussing progressing the purchase etc... Only for that person to then walk away before coming back to you directly after your sole agency agreement ended, may constitute an introduction.