Private Sale After Listing

eddddy

NWDan said:

I would anticipate the EA to argue that, it was more a case of how that would hold up legally and whether they'd get anywhere if they decided to chase it.  'Indirectly' does introduce a bit of a grey area.

Does the contract mention anything about 'indirect introductions'?

The estate agent cannot now invent the concept of 'indirect introductions', if it's not in the contract.

In any case, you have explained how you introduced the buyer - so it would be factually incorrect for the estate agent to claim an 'indirect introduction'


Does the estate agent define the word "introduction" in their contract?

If not, the appeal court and the Property Ombudsman have defined "introduction".


If the estate agent is a member of the Property Ombudsman scheme (most are), they have to follow the mandatory code of practice which says:

18j Effective Introduction. An effective introduction must evidence that the agent carried out an act that initiated the buyer’s reaction to the property. As such, there is a need for a defined transaction event to occur. This can be most clearly evidenced by an agent carrying out a viewing.

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