Estate Agent - Definition of Introduced

Dan.Net

Hi All,

I was wondering if there was a offical defintion of someone being "Introduced" to a property by an estate agent. I've been searching for a legal definition but have failed to come up with one (It is not defined in the contract).

My wife and I put our property on the market just under 2 weeks ago and we feel some of the services have been mis-sold to us and therefore contacted them about this last week, they have failed to get back to us, therefore i have contacted them again advising them that failure to get back to us by Friday 16:00 it will result in us invoking our 14 day cancellation right.

They operate on a No-Sale, No Fee basis so I am not worried about any charges. But they have booked viewings in for the 13th April (week saturday) and I am keen to understand if these potential buyers viewings(who have not viewed the property yet) are considered as being "introduced" if we chose to put our property back on the market with another agent.

Reviewing our contract, it appears we signed to allowed them to start work within the 14 day peroid, the concequences of this and what this meant was not explained to my wife or I, in fact when we the estate agent left our home he said "You can cancel immediately within 14 days, otherwise it is 2 weeks notice".

I thank you in advance for your advice and help.

Cheers

Dan

Finchy2018

They would have to have actively played a part In negotiating a sale to be considered as having introduced a buyer. Booking a viewing doesn't cut it anymore. If the people haven't viewed, they haven't introduced them.

theartfullodger

When they sue you the judge will decide if it applies or not.

Dan.Net

What are they suing me for? I am just trying to understand the term "introduced", I am not saying that i will ignore if they have introduced someone or not.

If I decided to re-list the property I would get a list from the estate agent, but I am trying to understand the term to know what to expect, that is all.

Dan.Net

Finchy Is there a precendent for this? Is it written down somewhere?

I'm trying to be prepared in case of worst case scenario.

eddddy

If you cancel within the cooling-off period, you can still be liable for the costs they've incurred - preparing property details, advertising, arranging viewings.

If you can terminate with 2 weeks notice (with no minimum contract period) on a 'no sale, no fee' contract, it might be easier and cheaper to do that.


Out of interest, what do you think was mis-sold?

G_M

Yes. There is a lot of case law and precedent.

Law students write 50,000 word dissertations on the subject, and judges consider all the precedents in each case before reachig a virdict.

eddddy

Dan.Net wrote: »

Finchy Is there a precendent for this? Is it written down somewhere?

I'm trying to be prepared in case of worst case scenario.

Your posts sound like you're reacting a little over the top and looking for conflict.

Selling a property can be a very stressful process, you'll probably need to become a little more relaxed about it.

But FWIW, here's what the Property Ombudsman says about 'Introductions':

An effective introduction must evidence that the agent carried out an act that initiated the buyer’s reaction to the property. As such, there is a need for a defined transaction event to occur. It is TPO’s view that this can be most clearly evidenced by an agent carrying out a viewing.

When considering if an agent has introduced the buyer, TPO expects to see:

• Evidence that the viewing has been booked, confirmed in writing to both seller and buyer and taken place. In this way, TPO will be in a position to state that, following the viewing, the agent that conducted the viewing introduced the buyer.

Link: https://www.tpos.co.uk/news-media-and-press-releases/press-releases/item/under-embargo

Dan.Net

eddddym

There are two things that we consider mis-sold.

1. Virtual Reality Tour - we were offered this feature my wife asked if we took this feature could we have a copy of it, as she wanted it for memories, the estate agent said yes. We have since been told by the photographer they will not provide a copy of it too us. - This is relatively minor.
2. Conveyancing- We were provided a piece of paper which said that conveyancing, photography, floorplans etc. to sell our property for a price of £243. We thought this was very reasonable, I signed the document to go ahead, we have since been contacted by "the lawyers" to say conveyancing fee (excluding disbursement) is £750. I have double checked the form I have signed there is nothing to indicate that the cost quoted did not include conveyancing and no one had told us that.

I am giving them the opportunity to sort it out or discuss it, I do, however, like to be prepared and the items above are raising red flags for us.

Dan.Net

eddddy wrote: »

Your posts sound like you're reacting a little over the top and looking for conflict.:

Sorry if it is coming across that way but, that is not my intention at all, I am simply trying to understand my position in the case of certian events. I am a Software Engineer, I deal very much in logic and like to understand my legal position when there are disputes.

My wife and I are happy to wait to move for a year if it prevents legal complexity, (contract says a buyer would be considered as introduced for 6 months after, introduction), as I said trying to understand my position.

Thanks for the link, helps greatly.

AdrianC

Dan.Net wrote: »

What are they suing me for? I am just trying to understand the term "introduced", I am not saying that i will ignore if they have introduced someone or not.

They think they introduced your buyer, so they give you a bill for their services.
You disagree, and don't pay the bill.
They then issue a small claim through the courts for the debt.

That's when the definition of "introduced" becomes relevant, and is legally tested.

But just take a step back from your personal opinion of the EA, and ask yourself whether "the buyer found out the property is for sale through the EA's marketing, so contacted the EA to enquire about the property, before the EA booked the first viewing" passes a basic sniff test as to whether the EA introduced the buyer to the seller or not...?