Definition of 'introduction'

Srt85hil

Hi everyone

We're currently agreeing a contract with an agent, and they give a definition of an 'introduction' in the contract as 'bringing of the property to the attention of persons'.

I'm aware the Property Ombudsman views an introduction as requiring a viewing, but if it came down to it and we signed this contract, would this definition supersede the ombudsmen definition? Should we negotiate on a change of definition? 

Thanks! 

eddddy

Estate Agents must be members of a redress scheme. There are 2 - The Property Ombudsman Scheme and the PRS.

If your chosen estate agent a member of The Property Ombudsman Scheme, then the Property Ombudsman's code of practice is mandatory for the estate agent - so if you complained to The Property Ombudsman, they would almost certainly overrule the EA's contract.

But if the estate agent is a member of the PRS instead - the situation might be less clear. They don't have a detailed code of practice like the Property Ombudsman.

theartfullodger

Is this a contract to sell/buy a place, or a contract to rent somewhere, please??

propertyrental

Assuming
a) this s a sales contract (not letting), and
b) assuming you are right about the Property Ombudsman viewing an introduction as requiring a viewing (I've not checked!), AND
c) assuming the agent is a member of the Property Ombudsman scheme, (as opposed to the PRS scheme)
then yes, the agent would have to abide by the ombudsman definition and the contract clause would be overturned

Unless of course you'd also signed a 'sole selling rights' contract in which case the agent would be due their (probably cheaper) commission irrespective of who or how the buyer was introduced.

Srt85hil

Thanks everyone, really helpful. This is for a selling contract, and I've checked and they're part of PRS, so it sounds like this is a clause we'd want to negotiate on...