Anyone changed their mind after giving notice to an estate agent?

LG142

Months after putting our property up for sale we still haven’t sold so made the decision to hand in our notice to our current EA so we could switch to someone else as we were unhappy with the service we received from them. 

However, since then the old agent has contacted us to say that they have someone really keen to view the property who knows the area and has family/friends here, and then a previous applicant asking for a 2nd viewing who again they say is keen and has indicated that they may make an offer. We haven’t yet instructed a new agent and are still within our notice period so now I’m in 2 minds as to whether we should give them another chance in the hope that one of these people will be our buyer, or just cut ties and start again with another agent. 

If a previous viewer wants to put in an offer does this have to go through our old or new EA and who would have to complete the sale? 

Has anyone else been in a similar situation? Please be honest with your responses I won’t be offended! Thank you 

moneysavinghero

Fee upfront = no incentive to sell your house, just to get as many people on their books as possible.
Don't be surprised if the two new interested people is just some sort of ploy to get you back on their books (probably for another fee).

Seashell517

Big wall of text. Didn't read it. My advice is to add paragraphs and maybe a summary, for people who don't want your life story, to your post.

Thrugelmir

LG142 said:

Unfortunately 17 weeks later we still hadn’t sold so made the decision to hand in our notice so we could switch agents. 

October is one of the worst times of the year to start marketing a property. Coupled with a lockdown that followed caused by a global pandemic. Hardly surprising that the market has been slow.  These aren't normal times. Impatience achieves nothing. 

saajan_12

LG142 said:

After having a few agents round to value our house we went with a fixed price agent, paid the fee upfront and went on the market in October 2020.
..
Unfortunately 17 weeks later we still hadn’t sold so made the decision to hand in our notice so we could switch agents. However, since then the old agent has contacted us to say that they have someone really keen to view the property who knows the area and has family/friends here, and then a previous applicant asking for a 2nd viewing who again they say is keen and has indicated that they may make an offer. We haven’t yet instructed a new agent and are still within our notice period so now I’m in 2 minds as to whether we should give them another chance in the hope that one of these people will be our buyer, or just cut ties and start again with a new agent.  
..

Trying to see the wood from the trees in your post.. above looks like the only relevant bits. The buyer was introduced by them before the notice expired, ie during their contract period - so nothings really changed. Let them view, if it gets anywhere then great. If not, then go to another agent and if they're commission based (not fixed fee) then tell them not to discuss with this viewer, if you don't want to pay double commission. 

eddddy

There's nothing stopping you instructing a new EA - as long as it's a typical, 'no-sale-no-fee', sole agency contract.

Typical EAs' contracts say that the EA can't claim a fee for a buyer introduced before their contract started. 
- but read the contract and double check that point with the new EA.  Some dodgy EAs add nasty clauses to their contracts.

So your current EA just needs to introduce these prospective buyers (i.e. arrange viewings) before the new EA's contract starts.


You should give the new EA a list of all prospective buyers introduced by the old EA - and tell the new EA that they must not deal with any of them, but refer them back to the old EA instead.

ohdarn

If you do go back with them just remember that if you're don't like dealing with them now, just imagine what it'll be like when you're trying to get answers from them during the transaction itself.

LG142

moneysavinghero said:

Fee upfront = no incentive to sell your house, just to get as many people on their books as possible.
Don't be surprised if the two new interested people is just some sort of ploy to get you back on their books (probably for another fee).

Yes you’re right and I was wondering if it was a ploy too, wouldn’t put it past them!

LG142

ohdarn said:

If you do go back with them just remember that if you're don't like dealing with them now, just imagine what it'll be like when you're trying to get answers from them during the transaction itself.

Yes you’re right, they’ve already shown that they are incompetent so I doubt they would be much better following through either to completion! 

LG142

eddddy said:

There's nothing stopping you instructing a new EA - as long as it's a typical, 'no-sale-no-fee', sole agency contract.

Typical EAs' contracts say that the EA can't claim a fee for a buyer introduced before their contract started. 
- but read the contract and double check that point with the new EA.  Some dodgy EAs add nasty clauses to their contracts.

So your current EA just needs to introduce these prospective buyers (i.e. arrange viewings) before the new EA's contract starts.


You should give the new EA a list of all prospective buyers introduced by the old EA - and tell the new EA that they must not deal with any of them, but refer them back to the old EA instead.

Ok that’s interesting I will definitely be going through the contracts with a fine toothed comb! 

So are you saying that if we accept an offer from a buyer introduced through the old EA we have to go back to them to complete the sale? Or can we complete the sale with the new EA? We have already payed an upfront fee so there is no chance of them claiming any commission on it

LG142

saajan_12 said:

LG142 said:

After having a few agents round to value our house we went with a fixed price agent, paid the fee upfront and went on the market in October 2020.
..
Unfortunately 17 weeks later we still hadn’t sold so made the decision to hand in our notice so we could switch agents. However, since then the old agent has contacted us to say that they have someone really keen to view the property who knows the area and has family/friends here, and then a previous applicant asking for a 2nd viewing who again they say is keen and has indicated that they may make an offer. We haven’t yet instructed a new agent and are still within our notice period so now I’m in 2 minds as to whether we should give them another chance in the hope that one of these people will be our buyer, or just cut ties and start again with a new agent.  
..

Trying to see the wood from the trees in your post.. above looks like the only relevant bits. The buyer was introduced by them before the notice expired, ie during their contract period - so nothings really changed. Let them view, if it gets anywhere then great. If not, then go to another agent and if they're commission based (not fixed fee) then tell them not to discuss with this viewer, if you don't want to pay double commission. 

Yes sorry I did go on a bit! Have condensed post down. Thank you for your comment