Estate agent contract-selling privately

Mrsfolan

Good Afternoon,
So we had our property on the market with an agent January-April, it was a sole agency agreement.
I told them I wished to take it off the market on the 29th March but I had to give 21 days notice which is fine, it come off 11th April.
On the 23rd April we receive a message from them saying someone who previously viewed would like to but so we sold to them... this then fell apart on exchange day.
Friday 2nd August we put it back on the market with them, then a friend of a friend got chatting in park and they said they wanted to buy it. No introduction at all through agent and we have agreed to sell to them, now I don’t know if I still owe the EA...
I’ve got a copy of the contract but it’s so unclear!

pinkshoes

Mrsfolan wrote: »

Good Afternoon,
So we had our property on the market with an agent January-April, it was a sole agency agreement.
I told them I wished to take it off the market on the 29th March but I had to give 21 days notice which is fine, it come off 11th April.
On the 23rd April we receive a message from them saying someone who previously viewed would like to but so we sold to them... this then fell apart on exchange day.
Friday 2nd August we put it back on the market with them, then a friend of a friend got chatting in park and they said they wanted to buy it. No introduction at all through agent and we have agreed to sell to them, now I don’t know if I still owe the EA...
I’ve got a copy of the contract but it’s so unclear!

How did the friend of a friend know the house was for sale?

You will need to read your contract carefully.

cooltt

Mrsfolan wrote: »

Good Afternoon,
So we had our property on the market with an agent January-April, it was a sole agency agreement.
I told them I wished to take it off the market on the 29th March but I had to give 21 days notice which is fine, it come off 11th April.
On the 23rd April we receive a message from them saying someone who previously viewed would like to but so we sold to them... this then fell apart on exchange day.
Friday 2nd August we put it back on the market with them, then a friend of a friend got chatting in park and they said they wanted to buy it. No introduction at all through agent and we have agreed to sell to them, now I don’t know if I still owe the EA...
I’ve got a copy of the contract but it’s so unclear!

Oh come on they're not "unclear" at all.
They either state clearly:-

1. If you sell the house to ANYONE during the contract period, introduced by them OR NOT, then you still pay them. Or.....
2. They only get paid only IF THEY introduce the buyer, in contract or not.

csgohan4

please quote what's written in your terms and condition word for word, we can't read it from here

Mrsfolan

cooltt wrote: »

Oh come on they're not "unclear" at all.
They either state clearly:-

1. If you sell the house to ANYONE during the contract period, introduced by them OR NOT, then you still pay them. Or.....
2. They only get paid only IF THEY introduce the buyer, in contract or not.

pinkshoes wrote: »

How did the friend of a friend know the house was for sale?

You will need to read your contract carefully.

My mum was at the park and got chatting to a school mum who was looking at renting a 4 bed and her ‘friend’ said he would buy it and rent it to her. She knew my house already as we live in a small village.

So I don’t believe I am in a contract with them as I gave them my notice back in March BUT under the sole agency section it says. ‘ You will be liable to pay remuneration to us in addition to any other costs or charges agreed, if at any time unconditional contracts contracts for the sale of the property are exchanged with the purchaser introduced by us during the period of our sole agency... or any private introduction during that period. This liability extends for 6 months from the date this agreement ended or 12 months of no other estate agent is involved.’
So I THINK this means we can’t sell to anyone until next April?

pinkshoes

Mrsfolan wrote: »

My mum was at the park and got chatting to a school mum who was looking at renting a 4 bed and her ‘friend’ said he would buy it and rent it to her. She knew my house already as we live in a small village.

So I don’t believe I am in a contract with them as I gave them my notice back in March BUT under the sole agency section it says. ‘ You will be liable to pay remuneration to us in addition to any other costs or charges agreed, if at any time unconditional contracts contracts for the sale of the property are exchanged with the purchaser introduced by us during the period of our sole agency... or any private introduction during that period. This liability extends for 6 months from the date this agreement ended or 12 months of no other estate agent is involved.’
So I THINK this means we can’t sell to anyone until next April?

By the sounds of it then you either pay their fees or wait 6 months from when your agreement ends with them.

JGB1955

Wow - I would never have agreed to those restrictions. I'm on my second agent and only have to pay the first one if the eventual sale is to someone they have introduced to the property - they have given me a list of 7 names.... that's it... I've also shared those names with the current agent, just so they know what is (potentially) going on.

GDB2222

Mrsfolan wrote: »

My mum was at the park and got chatting to a school mum who was looking at renting a 4 bed and her ‘friend’ said he would buy it and rent it to her. She knew my house already as we live in a small village.

So I don’t believe I am in a contract with them as I gave them my notice back in March BUT under the sole agency section it says. ‘ You will be liable to pay remuneration to us in addition to any other costs or charges agreed, if at any time unconditional contracts contracts for the sale of the property are exchanged with the purchaser introduced by us during the period of our sole agency... or any private introduction during that period. This liability extends for 6 months from the date this agreement ended or 12 months of no other estate agent is involved.’
So I THINK this means we can’t sell to anyone until next April?

I think you are reading that wrong. The buyer was not introduced during the sole agency period. So, it doesn't apply.



However, I am very concerned about this:
"Friday 2nd August we put it back on the market with them"
You restarted the sole agency agreement on 2nd August? Did you sign something or how was that done?

If so, you're liable for the commission even if it's a private introduction.

eddddy

Your posts are a bit contradictory. Here you say you have no current contract:

Mrsfolan wrote: »

So I don’t believe I am in a contract with them as I gave them my notice back in March

But here you say you have a current contract:

Mrsfolan wrote: »

Friday 2nd August we put it back on the market with them,

FWIW, this is an example of a dodgy EA's contract. They call it a 'Sole Agency Agreement', but the terms make it sound more like a 'Sole Selling Rights' contract, because it says:

Mrsfolan wrote: »

... or any private introduction during that period

So if you really did instruct the EA to start marketing the property again on 2nd August, the original agreement terms would apply.

So it sounds like the "private introduction" of this buyer was made during the contract period.

If so, you either have to pay the EA's fee - or end the agreement, and wait 12 months from the date of the end of the agreement.

G_M

If you put it backon the market with them, you are bound by the terms of your contract with them, which includes a private sale.


you appear to have agreed 'sole selling rights', not 'sole agency'.

Mrsfolan

Thanks everyone, I spoke with ea contract law specialist yesterday and she said as we removed the market from sale in April, and have never resigned anything then we are not currently in a contract, it’s not a rolling contract.

And yes I had read it wrong as it’s not clear at all on the contract, she agreed that as part of tpos they have failed with the wording as they are saying some agency but actually making me sign into sole selling rights.
She recommended I carry on with private sale and if they try it on to go through tpos with a complaint as they failed on so many areas of the contract and they must have made me resign when I put it back on the market.