Private Buyer Situation - Need Some Advice

dauphin

Cakeguts wrote: »

The problem is that you can't prove that the buyer was not influenced by the advertising on Rightmove. They could have got the information orignally from you but they could also have looked at the property on Rightmove as well or someone else in their family could have looked at it on Rightmove and then discussed it with them. There is no way that you can prove that the advertising by your agent was not involved. If this had happened before you instructed an agent then it would be a private sale but not now.

But the contract doesn’t require the OP to prove that the buyer was “not influenced by the advertising “.
It’s for the agent to prove (on the balance of probabilities) that they introduced the buyer. They are the ones who need to provide evidence of that in the first instance.

G_M

A lot of rubbish in responses above.

This is a sole agency contract, not sole selling rights. If th buyer is introduced by this agent, or any other agent, then the fee is payable.

But this buyer is (would be) introduced by the neighbour.

Yes, perhaps the board outside was the first indication to the neighbour - but that would be for the agent to prove if they wanted to demand their fee.

The buyer had no contact with the agent. No viewing appointment was arranged by the agent. So it would be for the agent to prove that their actions (board or whatever) resulted in the sale, whereas the seller would (presumably) claim they told their neighbour they were selling over tea and cake one day.

Davesnave

G_M wrote: »

But this buyer is (would be) introduced by the neighbour.

Yes, perhaps the board outside was the first indication to the neighbour - but that would be for the agent to prove if they wanted to demand their fee.

All the same, the OP doesn't want to fall-out with the agent, just in case things go Pete Tong.

Skiddaw1

Davesnave wrote: »

All the same, the OP doesn't want to fall-out with the agent, just in case things go Pete Tong.

Exactly what I was going to say. I should ask the neighbour's sister to make a viewing appt via the EA and have done with it. Otherwise I can see things getting very messy and fractious.

ThePants999

What, and GUARANTEE that you have to pay the EA's commission? Hell no! I think the chance of avoiding what would probably be a four figure sum in commission is well worth running the risk of things "getting messy".

Skiddaw1

It's a gamble though isn't it? If things go smoothly with the potential buyer then fair enough I suppose but personally I'd rather pay the EA commission if I felt happy with the EA, and benefit from their sales progression service (and them finding another buyer if it all goes south). But I see your point.

G_M

Davesnave wrote: »

All the same, the OP doesn't want to fall-out with the agent, just in case things go Pete Tong.

The EA can't bill the client till the buyer "enters into a binding contract to purchase the property."So it is only after that that there may be a 'falling out' over the bill, by when the OP has the sale in the bag.

eddddy

Tomby1 wrote: »

On Saturday, one of our neighbours popped over to discuss their sister coming to view the property as she was interested in buying. They may well make an offer today (Monday).

On a completely different note from the rest of the thread...

Perhaps you need to do some due diligence to make sure the neighbour's sister is a proceedable, motivated buyer - and this isn't a 'foolish whim'....

"Wouldn't it be lovely to have my sister living next door...:grouphug:"

Has the neighbour's sister got a mortgage AIP, a deposit, (somewhere to sell?).

• An EA would want to see the AIP letter, bank statements etc to make sure. Are you going to ask to see those, before you start turning away other viewers?

• And are you going to progress (chase) your neighbour's sister when she doesn't get on with her mortgage application etc?

• And are you going to have the 'difficult' discussions with your neighbour's sister, when she panics about the results of her survey, but you say the problems are trivial? (And she thinks you're fibbing.)

steampowered

The contract seems pretty clear to me. 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 for the sale of the property are
exchanged with a purchaser introduced by us during the
period of our Sole Agency, or with whom we had
negotiations about the property during that period, or
with a purchaser introduced by another agent during that
period. This liability persists for six months from the date
this agreement ends.

So the fee is only payable if your neighbour was (1) introduced by the EA, (2) someone with whom the neighbour had negotiations with the EA, or (3) was introduced by another EA.

It sounds like the fee is not payable provided that your neighbour does not deal with the EA. Might be best to tell the neighbour not to contact the EA and to deal through you.

Davesnave

G_M wrote: »

The EA can't bill the client till the buyer "enters into a binding contract to purchase the property."So it is only after that that there may be a 'falling out' over the bill, by when the OP has the sale in the bag.

The legal aspect has been clarified, but we were in a similar position, where friends had instructed an agent before we agreed to buy their property. No board, no printed details even.

In a small area, agents get to know everyone who's in the market buying/selling. It's too complex to fully explain, but we lost our buyer to a property marketed by that agent, who then did their best to destroy the trust between the friends and ourselves.

Fortunately, deadlines weren't tight, we found another buyer and the sales went through, but there was a definite 'falling-out' between all of us and the agent.

The fact that the sister is at a distance and the other party hasn't been on the market will probably help avoid the sort of problems we had.