Estate agents

born_again

Pipval said:

To catch the unaware … both estate agents are members of the ombudsman scheme therefore they have to adhere to a code of practice, this is mandatory under the scheme.. as both agencies seem to have skipped a few obligations that are mandatory they may find that they have to explain to the property ombudsman why the code wasn’t adhered to…

Have you taken this up with ombudsman then?

Suzycoll

hi pipval

Don't know if this is helpful but..... I just changed my estate agents after the contract expired. They gave me a list of clients that had viewed and said if they return (with new estate agents or otherwise) and purchase I would have to pay the (old) estate agents fees.

I mentioned this to my (new) estate agent and they advised that that would only happen if the viewers had made an offer, if no offer is made the (old) estate agents cant ask for anything ?

Emmia

Suzycoll said:

hi pipval

Don't know if this is helpful but..... I just changed my estate agents after the contract expired. They gave me a list of clients that had viewed and said if they return (with new estate agents or otherwise) and purchase I would have to pay the (old) estate agents fees.

I mentioned this to my (new) estate agent and they advised that that would only happen if the viewers had made an offer, if no offer is made the (old) estate agents cant ask for anything ?

The 1st Agent introduced the eventual buyer, so the OP owes fees to them...

RHemmings

Pipval said:

To catch the unaware … both estate agents are members of the ombudsman scheme therefore they have to adhere to a code of practice, this is mandatory under the scheme.. as both agencies seem to have skipped a few obligations that are mandatory they may find that they have to explain to the property ombudsman why the code wasn’t adhered to…

I've lost track of this thread a bit - mostly about what the legal situation is and whether the boat has sailed concerning if it's possible to solve this through the ombudsman. 

However, I agree with the above. The code of practice is meant to ensure that this sort of situation should not happened. Had the EAs followed the code, then @Pipval wouldn't be in the situation they are in now. 

Hoenir said:

Normally the unaware are those that fail to read what they are signing before doing so. 

TPOS's code is there to prevent even the unaware having to pay dual fees. Unfortunately the EAs here have subverted it. In this context, I don't think it's simply a case of it being the OP's fault and simply having to pay up.

eddddy

Suzycoll said:

I mentioned this to my (new) estate agent and they advised that that would only happen if the viewers had made an offer, if no offer is made the (old) estate agents cant ask for anything ?

It sounds like the new estate agent was telling you fibs.

The old estate agent is entitled to a fee if they "effectively introduced" the buyer to the property - no offer is required.

The Property Ombudsman says that "carrying out a viewing" is clear evidence of an "effective introduction".


(But there are also time limits.)
 

saajan_12

Suzycoll said:

hi pipval

Don't know if this is helpful but..... I just changed my estate agents after the contract expired. They gave me a list of clients that had viewed and said if they return (with new estate agents or otherwise) and purchase I would have to pay the (old) estate agents fees.

I mentioned this to my (new) estate agent and they advised that that would only happen if the viewers had made an offer, if no offer is made the (old) estate agents cant ask for anything ?

No - they cant ask for buyers who may have just seen their ad etc, but a viewing is more engagement and probably would earn them a fee. You should have told your new agent they should pass any buyers on that list to the old agent and not interact further themselves as they would not be earning a fee from them. 

Suzycoll

eddddy said:

Suzycoll said:

I mentioned this to my (new) estate agent and they advised that that would only happen if the viewers had made an offer, if no offer is made the (old) estate agents cant ask for anything ?

It sounds like the new estate agent was telling you fibs.

The old estate agent is entitled to a fee if they "effectively introduced" the buyer to the property - no offer is required.

The Property Ombudsman says that "carrying out a viewing" is clear evidence of an "effective introduction".


(But there are also time limits.)
 

Thanks eddy
Would you know what the time limits are please  ( do you mean xx weeks after the contract was ended with 1st agent) ? 

Suzycoll

saajan_12 said:

Suzycoll said:

hi pipval

Don't know if this is helpful but..... I just changed my estate agents after the contract expired. They gave me a list of clients that had viewed and said if they return (with new estate agents or otherwise) and purchase I would have to pay the (old) estate agents fees.

I mentioned this to my (new) estate agent and they advised that that would only happen if the viewers had made an offer, if no offer is made the (old) estate agents cant ask for anything ?

No - they cant ask for buyers who may have just seen their ad etc, but a viewing is more engagement and probably would earn them a fee. You should have told your new agent they should pass any buyers on that list to the old agent and not interact further themselves as they would not be earning a fee from them. 

Hey sajjan
Sorry I don't understand what you mean -  can you clarify please? ?

eddddy

Suzycoll said:

eddddy said:

Suzycoll said:

I mentioned this to my (new) estate agent and they advised that that would only happen if the viewers had made an offer, if no offer is made the (old) estate agents cant ask for anything ?

It sounds like the new estate agent was telling you fibs.

The old estate agent is entitled to a fee if they "effectively introduced" the buyer to the property - no offer is required.

The Property Ombudsman says that "carrying out a viewing" is clear evidence of an "effective introduction".


(But there are also time limits.)
 

Thanks eddy
Would you know what the time limits are please  ( do you mean xx weeks after the contract was ended with 1st agent) ? 

Assuming the old estate agent is a member of the Property Ombudsman scheme...

• If you sell through a new estate agent - it's 6 months after the contract with the 1st estate agent ends

• If you sell privately - it's 2 years after the contract with the 1st estate agent ends

(But if the old estate agent isn't a member of the Property Ombudsman Scheme - it might be whatever it says in the 1st estate agent's contract.)


Here's the relevant clause in the Property Ombudsman's Code of Practice...

5t At the time of receiving instructions from a seller you must:

• point out and explain clearly in your written Terms of Business that you may be entitled to a commission fee if that seller terminates your instruction and a memorandum of sale is issued by another agent to a buyer that you have introduced (see definition of effective introduction (*) and supplementary TPO ‘Dual Fee’ guidance) within 6 months of the date your instruction ended and where a subsequent exchange of contracts takes place.

• If no other estate agent is involved this time limit extends to 2 years.

Link: https://www.tpos.co.uk/images/codes-of-practice/TPOE27-8_Code_of_Practice_for_Residential_Estate_Agents_A4_FINAL.pdf

Suzycoll

eddddy said:

Suzycoll said:

eddddy said:

Suzycoll said:

I mentioned this to my (new) estate agent and they advised that that would only happen if the viewers had made an offer, if no offer is made the (old) estate agents cant ask for anything ?

It sounds like the new estate agent was telling you fibs.

The old estate agent is entitled to a fee if they "effectively introduced" the buyer to the property - no offer is required.

The Property Ombudsman says that "carrying out a viewing" is clear evidence of an "effective introduction".


(But there are also time limits.)
 

Thanks eddy
Would you know what the time limits are please  ( do you mean xx weeks after the contract was ended with 1st agent) ? 

Assuming the old estate agent is a member of the Property Ombudsman scheme...

• If you sell through a new estate agent - it's 6 months after the contract with the 1st estate agent ends

• If you sell privately - it's 2 years after the contract with the 1st estate agent ends

(But if the old estate agent isn't a member of the Property Ombudsman Scheme - it might be whatever it says in the 1st estate agent's contract.)


Here's the relevant clause in the Property Ombudsman's Code of Practice...

5t At the time of receiving instructions from a seller you must:

• point out and explain clearly in your written Terms of Business that you may be entitled to a commission fee if that seller terminates your instruction and a memorandum of sale is issued by another agent to a buyer that you have introduced (see definition of effective introduction (*) and supplementary TPO ‘Dual Fee’ guidance) within 6 months of the date your instruction ended and where a subsequent exchange of contracts takes place.

• If no other estate agent is involved this time limit extends to 2 years.

Link: https://www.tpos.co.uk/images/codes-of-practice/TPOE27-8_Code_of_Practice_for_Residential_Estate_Agents_A4_FINAL.pdf

Thanks so much 👍