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

AlwaysSunnySomewhere

AdrianC said:

Depends what the "..." is hiding.

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

Thanks @AdrianC, it's taken from the original post. I've now bolded that whole 2nd paragraph.

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. 

AdrianC

AlwaysSunnySomewhere said:

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.

The text above here is all during the contract.

The text below here is all AFTER the contract is terminated.

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.

So after the contract, they get paid IF AND ONLY IF they introduced the buyer, and it's within 6mo of termination. Furry muff.

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.

This bit all seems redundant to me.
They appear to be saying that if the other EA introduced the buyer LONGER than 6mo after their termination, then they won't go after you for the money. Well, no, because the previous bit capped it at 6mo. So they can't. And if there's no other EA involved, then how did this mysterious no-other-EA introduce the buyer more than 6mo after their termination, yet complete within 6mo...?

<SHOCK! HORROR!> EA in "mungled and vague legalese" shock, hold the front page!

Caveat: I am not a lawyer, nor do I play one on TV.

eddddy

AlwaysSunnySomewhere said:

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?      

You can instruct a new agent immediately after the old EA's contract terminates - you don't have to leave any gap at all.

BUT... you have to make sure that you terminate the old EA's contract correctly - it won't just end after 12 weeks. Check your contract - it's likely that you have to give 2 or 4 weeks written notice to terminate it.

BUT... if somebody introduced by the old agent goes on to buy your house with 6 months of ending the old EA's contract, you'll have to pay the old EA a fee.


SO... to protect yourself against the risk of having to pay 2 EA fees,

• Ask the old EA for a list of prospective buyers that they feel they have introduced
• Pass the list to the new EA and tell the new EA that they must not negotiate with anyone on that list, and you will not pay the new EA a fee if anyone on that list goes on to buy your house
• And anyone on the list must only deal (e.g. make an offer) via the old EA - and not deal with the new EA

knightstyle

^^^ As Eddddy says and make sure you and the new agent get a list of prospective buyers introduced by the agent you are leaving.  This is to avoid paying double fees later.