Estate agent advice

seng1984

My girlfriend is currently selling her house and the estate agent we have used since January have generated next to nothing in viewings (5 in total, three no-shows and someone who was looking to rent)

We have managed to find someone who is interested in the property ourselves and there has been no input from the estate agents at all.

I don't wish to have to give them a penny but this bit from the contract concerns me

'The commision will be payable where unconditional contracts for the sale of the property are exchanged with a purchaser, introduced by ***** during the period of agency or with whom ****** had negation actions about the property during that period provided that contracts are exchanged within six months of the date of termination of this agreement. In relation to the latter point ANY sale will be assured to have risen from ****** introduction - including buyers introduced by other parties including the sellers themselves - unless the name of any person who may have been interested privately in purchase is entered onto this form at the confirmation of instructions'

Seems very unfair and whilst I can understand why they have this clause I am very reluctant to give a company thousands for doing nothing.

nubbins

So you/she didn't read the contract before putting pen to paper. Looks like you would be liable but whether or not they would come after you is down to the EA.

Bluebirdman_of_Alcathays

Well, the contract is perfectly clear - you'll have to pay up. They can and will amend the terms when you enter into them - that was the time to protest, not now.

AdrianC

The logic is that their marketing has made any potential buyer aware of the property being on the market, even if that potential buyer got in contact directly, rather than through the EA.

mrginge

Does your conttact specify either a sole agency or sole selling agreement?

seng1984

Sole selling rights basis

eddddy

seng1984 wrote: »

Sole selling rights basis

Essentially, "Sole Selling Rights" means that EA fees are payable even if you find the buyer yourselves (as confirmed by your contract).

I guess some people might cancel the EA contract, and then claim they found the private buyer after the contract had ended... (but if you lie about it, technically that would be fraud).


When choosing between EAs, it's worth checking if some offer "Sole Agency" vs "Sole Selling Rights".

But in some areas of the UK it seems that "Sole Agency" is the norm, but in others it seems that "Sole Selling Rights" is the norm.

mrginge

Looks like you need to pay up then.

Marvel1

seng1984 wrote: »

We have managed to find someone who is interested in the property ourselves

How did this someone find out out about the property?

Hoploz

Hang on, you said you've been with this agent since JANUARY?! How long is the contract? Was there a time on the contract ... Normally you would sign up for a certain period, eg 8 weeks.

I can't imagine why you haven't given them the heave ho sooner, if you actually wanted to sell the property.

Perhaps you could just give them their notice (2 weeks? It'll be on the contract) then deal with this potential buyer separately after that.

seng1984

cjdavies wrote: »

How did this someone find out out about the property?

I got talking to a mortgage advisor and he said he may know someone who would be interested. There was no involvement from the estate agent at all (hence why we begrudge giving them a penny)