What date can I safely instruct a new estate agent without having to pay commission to the old agent

AlwaysSunnySomewhere

We gave notice and took our house of the market last year as soon as the 12 week sales contract ended with the old agent. Let’s say it was 1 November 2020. Do I need to wait six months from this date (which would be 1 May 2021) until we relist with a new agent? Or is it only if we exchange on our property sale (unconditional contract) within these six months?

Just wondering what the earliest date we can instruct a new agent? Here are the details from the old contract Thank you!

Sole Agency

You will be liable to a pay remunerations in addition to any other costs agreed, if at anytime unconditional contracts for the sales 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 this period, or with a purchaser introduced by another agent during that period. This liability extends for six months from the date this agreement ended.

When you become liable to pay

The fee becomes payable in the event that ‘old estate agent’ introduces a purchaser whether directly or indirectly who enters into a binding contract to purchase the property. Introduction may be made by means of sales particulars, web marketing or other advert, sign board, letter, email or personal enquiry through ‘old estate agent’. In the case of a sole agency, the fee becomes payable if another agent introduces the buyer.

We will remain entitled to receive our commission fee in circumstances where, having terminated our instructions, you go onto sell the property to a buyer, who we had originally introduced, within six months of the date of our instruction ending. We will however, give up our rights to receive a commission fee if a buyer first introduced by ourselves goes into buy the property though another estate agent, in circumstances where that buyer was introduced by the other estate agent more than six months after the date the instruction ended. If no other estate agent is involved then this time limit will not apply.      

pbartlett

reads like introduced within 6 months after you ended the contract with the original agent - but maybe ask the original agent and new agent for their views before instructing a new one?

Not sure if this is a standard condition but it seems very onerous to me and something I would not accept - unless I was forced to because it's what all agents in the area had.

AdrianC

It's only an issue if a buyer the old agent introduced buys the place.

And, surely, that's only fair...?

JGB1955

You could have instructed a new agent the day following the end of your first contract.  The first agent will supply you (and your new agent) with a list of clients who they have previously introduced.  If anyone on that list buys your house before 30 April, the first agent will get the commission. It makes no difference to you at all.  You will only pay one agent.

AlwaysSunnySomewhere

pbartlett said:

reads like introduced within 6 months after you ended the contract with the original agent - but maybe ask the original agent and new agent for their views before instructing a new one?

Not sure if this is a standard condition but it seems very onerous to me and something I would not accept - unless I was forced to because it's what all agents in the area had.

Thanks @pbartlett  I haven't approached any new agents yet due to waiting out the six months...

Agreed re. onerous Sole Agency contract - yes, serves me right for not reading the complete t&cs before signing (I only took note of the headline 12 week contract with a two week notice period) as I thought it was a Sole Selling Rights contract that I had to be wary of.  

AlwaysSunnySomewhere

AdrianC said:

It's only an issue if a buyer the old agent introduced buys the place.

And, surely, that's only fair...?

Thanks @AdrianC, that's what I thought before I read the When you become liable to pay section of my Sole Agency contract where it states "In the case of a sole agency, the fee becomes payable if another agent introduces the buyer."
and then it later states
"We will however, give up our rights to receive a commission fee if a buyer first introduced by ourselves goes into buy the property though another estate agent, in circumstances where that buyer was introduced by the other estate agent more than six months after the date the instruction ended. If no other estate agent is involved then this time limit will not apply."

Which I take it to mean that if another agent introduces a buyer within six months of my contract ending (with the old agent), then I still have to pay the old agent's commission.

My own my silly mistake of not reading the contract thoroughly before I filled in and signed. 

Scotbot

JGB1955 said:

You could have instructed a new agent the day following the end of your first contract.  The first agent will supply you (and your new agent) with a list of clients who they have previously introduced.  If anyone on that list buys your house before 30 April, the first agent will get the commission. It makes no difference to you at all.  You will only pay one agent.

I am not sure that you only pay one agent in such circumstances, you need to check the contract with agency no 2. Secondly request in writing a list of clients from agent no.1,  don't  assume the second agent will do it.

AdrianC

AlwaysSunnySomewhere said:

AdrianC said:

It's only an issue if a buyer the old agent introduced buys the place.

And, surely, that's only fair...?

Thanks @AdrianC, that's what I thought before I read the When you become liable to pay section of my Sole Agency contract where it states "In the case of a sole agency, the fee becomes payable if another agent introduces the buyer."

No, that's talking about during the term of their contract. They're sole agency, somebody else introduces... Again, fair enough given it's SOLE agency...

Once the contract terminates, you pay for anybody they introduced, for the next 6mo.

AlwaysSunnySomewhere

AdrianC said:

AlwaysSunnySomewhere said:

AdrianC said:

It's only an issue if a buyer the old agent introduced buys the place.

And, surely, that's only fair...?

Thanks @AdrianC, that's what I thought before I read the When you become liable to pay section of my Sole Agency contract where it states "In the case of a sole agency, the fee becomes payable if another agent introduces the buyer."

No, that's talking about during the term of their contract. They're sole agency, somebody else introduces... Again, fair enough given it's SOLE agency...

Once the contract terminates, you pay for anybody they introduced, for the next 6mo.

THanks & sorry, I think I meant to quote this bit @AdrianC
"We will remain entitled to receive our commission fee in circumstances where, having terminated our instructions, ... with a purchaser introduced by another agent during that period. This liability extends for six months from the date this agreement ended".
This sounds like it means if another agent introduces a buyer within six months?

AlwaysSunnySomewhere

Scotbot said:

JGB1955 said:

You could have instructed a new agent the day following the end of your first contract.  The first agent will supply you (and your new agent) with a list of clients who they have previously introduced.  If anyone on that list buys your house before 30 April, the first agent will get the commission. It makes no difference to you at all.  You will only pay one agent.

I am not sure that you only pay one agent in such circumstances, you need to check the contract with agency no 2. Secondly request in writing a list of clients from agent no.1,  don't  assume the second agent will do it.

Thanks @Scotbot and @JCB1955 - I will make sure I ask the old agent for that list of viewers.

AdrianC

Depends what the "..." is hiding.

Is this a separate bit to the full wording you quoted in the original post?