Selling house to friend when listed, what happens with E.A. Commission

murphydog999

What happens in this situation…….? before I listed my house I knew a friend was thinking of moving and said I was selling mine. In the meantime, I’ve listed mine and now she has sold hers and is coming to view mine tomorrow. No contact with the agent.

If she buys it and I can prove (through messages) when i told her about my house, (before listing) how does that sit with the agent asking for commission? He hasn’t been involved in the process at all.

T.I.A.

jonnydeppiwish!

I suspect you’ll have to wait till the end of the contract period, and then proceed. That’s the only way the EA won’t be able to claim commission because they won’t even be able to say that they introduced the buyer.

What will you do if you get an asking price offer via the EA?

propertyrental

It depends entirely on the contract your agreed with the EA.

Sadly I can't see it.....

murphydog999

jonnydeppiwish! said:

What will you do if you get an asking price offer via the EA?

Think I’ll cross that bridge IF it happens!

murphydog999

Nothing in the contract that mentions this situation.

caprikid1

As has been said I would wait till the agents period runs out, there are some sole agency agreements that require commission whilst in force if they find the buyer or not, easiest just to follow the terms of the contract and let their agreement expire. E-mails can be faked so easy and the estate agents alway love a fight in court if they can win £4K.

murphydog999

caprikid1 said:

As has been said I would wait till the agents period runs out, there are some sole agency agreements that require commission whilst in force if they find the buyer or not, easiest just to follow the terms of the contract and let their agreement expire. E-mails can be faked so easy and the estate agents alway love a fight in court if they can win £4K.

It’s a 16 week contract so waiting isn’t a feasible option. The agreement states this is a sole agency agency agreement and the charges are payable upon the introduction of a ready, willing and able purchaser…….or with whom we had negotiations or contract with.’ They haven’t made the introduction.

propertyrental

murphydog999 said:

Nothing in the contract that mentions this situation.

OK. Is your contract

1) multi-agent. Several agent market te property and any agent that introduces a buyer gets paid
2) sole-agent. Only one agent, and if that agent introduces a buyer they get paid
3) sole selling rights. Only one agent, and that agent gets paid if the property sells, irrespective of how the buyer is introduced.

Your contract will specify.....

murphydog999

propertyrental said:

murphydog999 said:

Nothing in the contract that mentions this situation.

OK. Is your contract

1) multi-agent. Several agent market te property and any agent that introduces a buyer gets paid
2) sole-agent. Only one agent, and if that agent introduces a buyer they get paid
3) sole selling rights. Only one agent, and that agent gets paid if the property sells, irrespective of how the buyer is introduced.

Your contract will specify.....

Sole agent

murphydog999

Just seen this Sole agency agreement – A sole agency agreement is the most common type of estate agent contract. Sole agency agreement means signing up with one estate agent to sell your house and if contracts are exchanged with someone who your agent has introduced to the purchase, the agent will be entitled to the fee. But if you find a buyer yourself, you don’t have to pay the estate agent fees. 

Grumpy_chap

murphydog999 said:

propertyrental said:

murphydog999 said:

Nothing in the contract that mentions this situation.

OK. Is your contract

1) multi-agent. Several agent market te property and any agent that introduces a buyer gets paid
2) sole-agent. Only one agent, and if that agent introduces a buyer they get paid
3) sole selling rights. Only one agent, and that agent gets paid if the property sells, irrespective of how the buyer is introduced.

Your contract will specify.....

Sole agent

That's half an answer.
Does the contract stipulate case (2) or (3)?

murphydog999 said:

Just seen this Sole agency agreement – A sole agency agreement is the most common type of estate agent contract. Sole agency agreement means signing up with one estate agent to sell your house and if contracts are exchanged with someone who your agent has introduced to the purchase, the agent will be entitled to the fee. But if you find a buyer yourself, you don’t have to pay the estate agent fees. 

If that is a generic phrase you found on line it means little.

You have a specific contract with the EA.  What does the specific contract you have say?
That is what matters.