Estate agent contract ends

E853

I'll try to keep this short!  I'm in the final week of an estate agent contract...they've suddenly woken up and arranged 4 viewings!  1 of the viewings turned out to be a colleague who was actually a no-show for a viewing.  She is still interested but now knows i am moving to a new agent next week.   The current agent isn't aware I now know who it is.

She wants to know what happens if she is interested in the house after I move agent.  Does this constitute an "introduction" or does it have to be a physical viewing?  She made the enquiry, having seen the house on Right Move.  I don't want to get into a situation where my new agent loses out and the pretty useless current agent rreceives the fee.  Any thoughts?  Thanks.

Hoenir

Perhaps because it's the summer holidays are over and people want to view your property. Rather than being some conspiracy theory. That from the existing EA's viewpoint has absolutely no commercial logic.  

eddddy

I'd suggest that you take the route that is least likely to end up with you being sued for a second lot of fees. Don't invite arguments and trouble.

• Ask the first estate agent for a list of people they've introduced (Add a clarification that you will only pay the first agent a fee in respect of anyone on that list.)

• If your colleague is on that list, just accept it - rather than arguing and risk being sued. And your colleague should only deal with the first estate agent. 

•  Pass the list to the new estate agent - saying that they must refer anyone named on the list back to the first estate agent. And say that you will not pay the new estate agent a fee in respect of any buyer named on that list.

(Presumably you have given your first agent whatever written notice their contract requires - e.g. 2 weeks or 4 weeks or whatever.)

Jellynailer

eddddy said:

I'd suggest that you take the route that is least likely to end up with you being sued for a second lot of fees. Don't invite arguments and trouble.

• Ask the first estate agent for a list of people they've introduced (Add a clarification that you will only pay the first agent a fee in respect of anyone on that list.)

• If your colleague is on that list, just accept it - rather than arguing and risk being sued. And your colleague should only deal with the first estate agent. 

•  Pass the list to the new estate agent - saying that they must refer anyone named on the list back to the first estate agent. And say that you will not pay the new estate agent a fee in respect of any buyer named on that list.

(Presumably you have given your first agent whatever written notice their contract requires - e.g. 2 weeks or 4 weeks or whatever.)

I want to congratulate edddy for providing the OP with the best advice I have read so far on MSE Forum.

Schwarzwald

E853 said:

  Any thoughts?

Read the fineprint of what you signed up to and make sure you UNDERSTAND it before you make any moves beyond your current agent. Reading and understanding are two different things ...

saajan_12

E853 said:

I'll try to keep this short!  I'm in the final week of an estate agent contract...they've suddenly woken up and arranged 4 viewings!  1 of the viewings turned out to be a colleague who was actually a no-show for a viewing.  She is still interested but now knows i am moving to a new agent next week.   The current agent isn't aware I now know who it is.

When you say final week, is that of the minimum term, or have you already served notice? 

E853 said:

She wants to know what happens if she is interested in the house after I move agent.  Does this constitute an "introduction" or does it have to be a physical viewing?  She made the enquiry, having seen the house on Right Move.  I don't want to get into a situation where my new agent loses out and the pretty useless current agent rreceives the fee.  Any thoughts?  Thanks.

Well the TPO says an effective introduction has to be an actual action, less like seeing an advert, more like a viewing. However TPO issues guidance not law, and there's a degree of assessing case by case. Here the colleague didn't actually view, but the agent did do their side of the leg work, if they attended and colleague was as no show. So I think its not clear cut. 

Your safer bet is to take out your opinion on the two agents.. tell the new agent not to contact colleague (or anyone else that first agent introduced). First agent is only involved in sales progression, which is usually a different person than the marketers anyway. If colleague ends up buying, then first agent gets the commission, if its someone from new agent then they do.