Selling Property - 2 Estate Agents?

Marrowpop

Hi,

My mother in law is in the process of selling her late fathers property. She was using Estate Agent 1 but not getting many viewings, having to chase for feedback on the viewings they did arrange and she just generally wasn't happy with the service offered, so switched to Estate Agent 2. She has also slightly lowered the price since switching.

Estate Agent 1 has called her today to say they have someone who desperately wants to view the property. They have also asked why my MIL switched and advised there were plenty of viewings with them (13 apparently, my MIL was only made aware of 3). They have told my MIL that if someone on their books sees that the price has dropped and then makes an offer through Estate Agent 2, they are still entitled to their fees. Is that the case? Surely if someone sees the property for sale with Estate Agent 2, and goes through them to make an offer, it's nothing to do with Estate Agent 1?

Is there any reason not to have the property for sale with 2 Estate Agents?

ellie27

Marrowpop wrote: »

Is there any reason not to have the property for sale with 2 Estate Agents?

Yes, so that you are guaranteed NOT to have to pay 2 sets of fees.

Your MIL would have signed a contract, it may have said that fees are due if the house is sold even 6 months after taken off market.

And how would you prove the buyer saw the advert through agent 2? The buyer could have saw the advert a couple months ago, online by agent 1, and its only now they have decided to view it.

You need to check the 2 contracts your MIL now has.

DumbMuscle

Of course, in going through the contracts you may find that you will end up owing fees to both whichever one finds a buyer - so you might as well stick with the one with good customer service (or keep both, and wait for the fireworks as they end up viewing at the same time, since apparently EA1 doesn't believe in notifying you when people will be in your house...)

Marrowpop

Thanks both.

I'll go through the contract she has with EA1 this evening. I know EA2 has a fixed charge regardless of whether they sell or not.

The frustrating thing is had she known there were so many viewings with EA1, and had feedback on them, she would never have switched to EA2!

Surrey_EA

As Ellie says, there are a few things to consider here.

What were the terms of the contract that your mother in law signed with EA 1? Did she cancel the contract with them in accordance with the terms dictated by the contract?

What are the terms of the contract she has presumably signed with EA 2?

She should request a list of all the viewings carried out by EA1, including names of the viewers, and the dates they viewed. This list should be supplied to EA 2, and obtain their acknowledgement that should anyone from this list wish to purchase the property they would fall under the original agreement with EA 1, and EA 2 would have no claim on a fee.

As for EA1, only if they have actually carried out a viewing of the property with an individual who then makes a successful purchase of the property can they have a realistic claim for a fee. The fact that someone was on their books, but never viewed, later buys the property with EA 2 is not relevant, and they cannot claim that they introduced the purchaser.

Hedgehog99

I really cannot understand, in this age of internet advertising, why anyone uses more than one EA at a time (or with an overlapping time where the first contract still means EA1 gets a fee).

Every EA should be on rightmove and another online property advertiser suitable for the location, so your property will come up on searches anyway regardless of which agent. The strategy is in timing, price and popularity of the agent.

Good luck in sorting out the mess!