Property viewings during and after Estate Agent's notice period

analyze7

Hello all,
We have a bit of difficulty getting our EA to stop arranging viewings after the notice is served. We sent the written notice of termination more than one months ago. Following the receipt of the notice, EA tried to convince us to rescind the notice which we ignored. During the notice period, a few viewings are scheduled and we let them happen since it's still within notice and within EA's rights. Now the notice period has passed and our EA continue to set up viewings. I assume they don't have any commission rights to "introductions" happened after the notice period? Otherwise, they could send us a yellowbook and claim everyone in the country has been introduced? Many thanks for your help. 

greatcrested

You say they "continue to set up viewings" - are these viewings then taking place? If so, how? Presumably you have taken back the keys to the property and are not permitting access?

Have you instructed another agent? Or are you no longer interested in selling?

I suspect that if a viewing arranged by this agent takes place with your consent, and results in a sale, you will be liable for their fee.

eddddy

So if the EA contacts you to arrange a viewing after the notice period, you should either refuse the viewing, or make sure that both you and the EA are agreed on contractual terms, if they go on to buy.

But if you're under contract with a new EA, you'd have to pay your new EA commission if the old EA introduces a buyer - so it might be best to refuse the viewing.

To avoid any arguments, ask the EA for a list of prospective buyers that they believe they have introduced (i.e. those that have viewed your property).

[Deleted User]

If a sale happened, all the EA has to do is prove the person who bought the property is someone they introduced to the property (did a viewing with).  Not everyone on the country, just that one person.  And they do do this.  Refuse any further viewings if you want the notice period to be valid and don't sell to anyone the EA brought round to view.  Even if the sale happens through another EA (this happens too) as the EA's will then have to agree to share the commission which is another complication.

analyze7

Thanks for all the swift responses. Would an email from the EA to arrange a viewing with named people count as an introduction (this is after the notice period has ended and I did not agree to the viewing)?

eddddy

analyze7 said:

Thanks for all the swift responses. Would an email from the EA to arrange a viewing with named people count as an introduction (this is after the notice period has ended and I did not agree to the viewing)?

No - almost certainly not.

Most EAs are members of The Property Ombudsman Scheme. The Property Ombudsman says a viewing must actually take place, for an 'introduction' to occur: 

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/tpo-issues-guidance-to-agents-on-dual-fees-2

This is a relatively recent 'change of opinion' by the Property Ombudsman, following a number of court cases.

So even if the EA isn't a member of the Property Ombudsman scheme, and the EA takes you to court - the court would probably say that sending an email is not an effective introduction.

hazyjo

How are all these viewers finding it? Board? EA window? Is it still being advertised on the internet? Have you asked them to stop all of the above (not just end the contract)? 

greatcrested

I still don't understand

a) if these 'arranged' viewings are actually taking place and

b) if yes, how?

If they are taking place it must be with your consent and therefore you have implicitly agreed to the EA continuing to act for you. Their fee will be due on a sale

If they are not taking place, then a sale seems unlikely so what's the issue?

Also still not clear if you still wish to sell. Or have instructed another EA.