Can Agent Claim Dual Fees after 2 years?

ddavemac1981

Hi, So a long story, we tried to sell our place  in 2018 - probably about this time with a particular agent. They failed to sell, so we came off in about June/July that year. The guy stayed in contact with me, and did offer some advice etc. When we were thinking of going on the market this year, we did speak to them, but we were not really impressed with what they said about the property, so we instructed a different agent. 

I have had a few emails from the old agent, saying he feels betrayed etc, and that I used his expertise and marketing for someone else to sell that flat - this is now bordering on harassment. 

However, with the length of time since we were on with them, would they be able to claim a fee if we sell through our current agent? I do not have our old contract, and obviously do not really want to ask the question of them - but it has been a long period of time. 

I must add that we have not sold yet - just come to market. I intend to block him but if they have a claim I want to see the danger coming!! 

diggingdude

Was the person buying originally introduced by them?  If yes then ask for a copy of contract they signed. If not tell them to prove it

eddddy

ddavemac1981 said:

However, with the length of time since we were on with them, would they be able to claim a fee if we sell through our current agent? 

There are no laws in the UK that relate to this - so it depends entirely on the contract/agreement terms that you entered into with the EA. Nobody here can really guess what those terms were.

But some considerations:

• Did you correctly terminate the contract with the old EA? Typically, EA's contracts require you to give written notice.

• Is the EA a member of the Property Ombudsman Scheme? If so, and you terminated the old EAs contract over 2 years ago, it's very unlikely that the old EA has any scope for charging you a fee under any circumstances.

• If the EA isn't a member of the Property Ombudsman Scheme, and you eventually sell to somebody that the old EA originally introduced - there's a possibility that you might have to pay the old EA a fee. If you eventually sell to somebody who wasn't originally introduced by the old EA, it's very unlikely that you'd have to pay the old EA a fee. (But you need to read the contract that you agreed to, to be sure).

steampowered

It depends entirely on the T&Cs you agreed with the agent.

The fact that he is appealing to emotion suggests that there is nothing in the contract which would cover this.

Personally I would not feel remotely guilty. Agents operate on a commission based business model. The whole point of that model is that some sales will be profitable, and some sales will fall through.

[Deleted User]

I agree with the above.  Remember he's a hard nosed businessman on commission, not a snivelling sensitive school friend.  He's just trying to convince you to change your mind.  I'd block him if you are sure the contract was properly cancelled two years ago.  Advice costs nothing and does not create an agreement to sell your property, as long as the former one was cancelled properly.

You are better off keeping anything related to your property in a file, for many years.  I've still got documents from 20 years ago and it actually did come in useful five years after we'd moved.  You never know what you might need these things for, like proof of address history etc.