Estate agents - what is the meaning of 'introduction'?

Sezz_2

My estate agent has let me down so so many times. Luckily their contract and notice period is up on Saturday and I can move to another agent. However, I want to make sure that once I change agents, I am not obliged to pay the first agents a fee in any way.

My question is: What constitutes an 'introduction' by an agent? Is it just provision of particulars or is it an actual viewing?


Thanks
S.

olly300

Knowing estate agents it's probably "provision of particulars" as you don't get those without them taking your name down.

Richard_Webster

Safe thing to do is to ask them for a list of people that they think they may have introduced and tell the new agents to have nothing to do with those on the list but to send them back to the first agents. You tell the first agent that if he wants a chance of claiming for previous introductions he needs to give you a list otherwise you will assume that he hasn't made any. I do not know for sure whether this would work - but it would be mighty embarrassing in court if the agent was asked why he hadn't produced a list when asked!

I say this because most agency agreements these days make you liable for commission if the agent introduces the buyer or has negotiations with him.

So you could get into a situation where agent 1 has introduced but agent 2 has negotiations. Then you are stuck with 2 commission accounts.

Another option is to refuse to deal with a buyer that goes to Agent 2 having been "introduced" by Agent 1 unless the two agents agree in writing with you to split the commission between them.

Mutton_Geoff

I fell foul of this a few years ago. I asked the first agent to supply details of people they'd "introduced" but they refused. Property sold through second agent to a person who had viewed the property through first agent, had made an offer (which agent hadn't passed to me), agent failed to return prospective buyers calls. Only when agent two marketed the property did the buyer see it was still available.

Agent two offered their (lower) commission back to agent one who had sent their invoice, totally out of the blue when I'd exchanged. Agent one refused and sued me (succesfully :mad: ) for their fee.

In the proceedings, it was noted that "introduced" could be as simple as a prospective buyer seeing the agents board outside the property.

Be very careful when dealing with even the national firms. Currently experiencing dreadful service again as I try to sell my latest property. They really are a disgraceful industry.

Sezz_2

Thanks guys. I have emailed the agents asking them to send me a list of everyone they have introduced the property to during the contract period.

LandyAndy

Richard_Webster wrote: »

Safe thing to do is to ask them for a list of people that they think they may have introduced and tell the new agents to have nothing to do with those on the list but to send them back to the first agents. You tell the first agent that if he wants a chance of claiming for previous introductions he needs to give you a list otherwise you will assume that he hasn't made any. I do not know for sure whether this would work - but it would be mighty embarrassing in court if the agent was asked why he hadn't produced a list when asked!

.

This is what I did and the outgoing agents were perfectly happy to provide the list and confirm that these were the only people they considered themselves to have introduced.