Double commission

nnewtoarea

Hi all,

Sold my house last year. Initially the house was with an online agent ( not purplebricks, not YOPA ). There were issues with them. Not picking up phones, no feedback, no replying to emails. Lost 2 sales because of them.
anyways moved to a local agent and house was sold in a weeks time. Unfortunately the buyer came via the first agent as well.
Have got a letter from first agent about sales commission as buyer was introduced by them.
I can pay this amount. What other options I have got. Was thinking of negotiating the amount. Any thoughts on how to proceed or if someone has been in similar situation.
Thanks 

AdrianC

The time to negotiate such commission was before signing the agency contract, not post-sale.

If agency 1 introduced your eventual buyer, then they are almost certain to be due their fee - after all, they did the job you asked them to do, right?
Whether agency 2 are as well depends on your contract with them.

I presume agency 1 supplied a list of already-introduced clients to agency 2 when you moved?

When you say you "can" pay this amount, I presume you mean "can't". Are you sure it's that you're absolutely financially unable to, or just that you don't want to? Because, ultimately, if there is indeed a contractual basis for the fee, a court can order you to pay it. That will add costs to the ultimate bill - and, if you do not pay it promptly, lead to a CCJ.

nnewtoarea

I can pay the amount.

AdrianC

nnewtoarea said:

I can pay the amount.

Then by far and away the easiest resolution here will be to pay the amounts contractually due.

nnewtoarea

Sure. Will call them up on Monday to discuss.

AdrianC

nnewtoarea said:

Sure. Will call them up on Monday to discuss.

Can't you just read the contracts and Ts+Cs you signed?

nnewtoarea

I had forwarded the list from Agency 1 to agency 2. When I discussed this with Agency 2 before the sale, they said as they got me a higher sales price ( around 30 k difference) the commission will not be due. I don’t have Any written comms from
agency 2 on this. So don’t think have an arguement there.
As I said can pay without financial difficulty which I will do, but looking at options.

Keswick1uk

Look up the guidance issued by The Property Ombudsman called

Guidance for TPO Members:

Dual Fee

See if that helps at all?

davilown

Surely the act of giving a buyer a viewing doesn’t amount to them selling the property? I thought they had to be involved with the negotiations etc?

’ where the Court of Appeal ruled for an estate agent to claim commission it had to be involved in the sale, not just the introduction.’

Foxtons v Bicknell & Another, 2008

nnewtoarea

Thanks both.
I will call my agent 2 tomorrow. Looking at some of the info, I forwarded my previous contract and list of names to agent 2. Also they told me agent 1 can’t claim the commission due to sale price difference.
I can pay the fees anyways so not too worried of the outcome.

AFF8879

davilown said:

Surely the act of giving a buyer a viewing doesn’t amount to them selling the property? I thought they had to be involved with the negotiations etc?

’ where the Court of Appeal ruled for an estate agent to claim commission it had to be involved in the sale, not just the introduction.’

Foxtons v Bicknell & Another, 2008

I would agree - OP, I wouldn’t necessarily put up a massive fight (as you say, you can afford it). But it might be worth quoting this case to them. Especially given it’s an online agent, I’m guessing they probably didn’t do all the legwork of a typical local agent. That said, if the fee is like under £1-2k (like some of these online only ones are) I would probably just bite the bullet.