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Selling house. Possible issue with two estate agents.

C0lumbo
Posts: 5 Forumite
We're in the process of selling my father's house, I am the executor. Before probate was granted, his widow had a single estate agent round to get an idea of the value of the property. As well as getting the estate agent's valuation she was persuaded to allow the estate agent to show the property to a couple of potential buyers, there was no contract and she apparently made it clear that she wasn't instructing the estate agent.
Couple months later, probate is granted and we look to market the property in earnest. We look at 3 estate agents and choose to go with a different agency from the original one (step-mother felt that the original one was too pushy, figures).
New estate agent has taken the photos, put it on Rightmove and started showing people around. It turns out that amongst the potential buyers are ones originally introduced by the original estate agent.
If these people proceed to buy the property, does the original pushy estate agent have any claim to a fee? On the one hand, he certainly introduced these people to the property (although I'm sure they would have found it once it was on Rightmove anyway!). On the other hand there was no contract signed, no contract agreed verbally, and as my step-mother is not an executor and has no ownership of the house, I don't think she was in a position to enter into any contract anyway (she will get a portion of the sale proceeds, but she can't act on behalf of my late father's estate).
Bit similar to this post which did not reach a clear conclusion (except my situation has added probate): https://forums.moneysavingexpert.com/discussion/3079420/do-i-have-to-pay-the-estate-agent-fees/p1
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