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Sole seller agreement query
In their contract which i signed i dont see a clause that states that.
The EA argument is the buyer was introduced inside of their sole selling rights agreement. Whether the buyer was introduced by the EA or by any other means, does not have any relevance. This being one of the key differences between sole selling rights and sole agency
This does not match with what the contract says or what i am reading from it at least. Please can someone help me understand if i have a case here ?
Comments
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So are they trying to claim under 1.3(a) or 1.3(b)?
What is the date of the agreement?
1.3(b) is poorly worded but typically would be people they introduced or negotiated with. Did the potential buyer have any dealing with the estate agent?0 -
when you say the contract expired 2 months ago - did you write to them to terminate?
looks like it's a rolling contract, so the initial period may have passed, but you still need to terminate.0 -
For anyone else reading this, Sole selling rights are not the same as Sole Agency. I think the OP will find they have to pay up. Never give anyone Sole selling rights.Sole selling rights are just that. If you sold to your cousin, they could still claim commission. Sole Agency only gives them a right to commission for people they actually introduce.Make £2026 in 2026
Prolific £231.51, Octopoints £4.60, Tesco Clubcard challenges £38.80, Airtime £10 TCB £225.19, Everup £77.04, Roadkill £1.77, Zopa CB £30, Misc £10.11,
Total £629.02 31%Make £2025 in 2025 Total £2241.23/£2025 110.7%
Prolific £1062.50, Octopoints £6.64, TCB £492.05, Tesco Clubcard challenges £89.90, Misc Sales £321, Airtime £70, Shopmium £53.06, Everup £106.08, Zopa CB £30, Misc survey £10
Make £2024 in 2024 Total £1410 70%Make £2023 in 2023 Total: £2606.33 128.8%1 -
No the EA did not have any dealings with the the buyerMyRealNameToo said:So are they trying to claim under 1.3(a) or 1.3(b)?
What is the date of the agreement?
1.3(b) is poorly worded but typically would be people they introduced or negotiated with. Did the potential buyer have any dealing with the estate agent?0 -
The EA confirmed the contract expired in JulyDE_612183 said:when you say the contract expired 2 months ago - did you write to them to terminate?
looks like it's a rolling contract, so the initial period may have passed, but you still need to terminate.0 -
Ok within the contract period as stated the clause 1.3(a) , is that the case even after the contract has expired .?Slinky said:For anyone else reading this, Sole selling rights are not the same as Sole Agency. I think the OP will find they have to pay up. Never give anyone Sole selling rights.Sole selling rights are just that. If you sold to your cousin, they could still claim commission. Sole Agency only gives them a right to commission for people they actually introduce.0 -
Onehouseowner said:
Ok within the contract period as stated the clause 1.3(a) , is that the case even after the contract has expired .?Slinky said:For anyone else reading this, Sole selling rights are not the same as Sole Agency. I think the OP will find they have to pay up. Never give anyone Sole selling rights.Sole selling rights are just that. If you sold to your cousin, they could still claim commission. Sole Agency only gives them a right to commission for people they actually introduce.
On Sole selling it will be within the contrac/notice period.Make £2026 in 2026
Prolific £231.51, Octopoints £4.60, Tesco Clubcard challenges £38.80, Airtime £10 TCB £225.19, Everup £77.04, Roadkill £1.77, Zopa CB £30, Misc £10.11,
Total £629.02 31%Make £2025 in 2025 Total £2241.23/£2025 110.7%
Prolific £1062.50, Octopoints £6.64, TCB £492.05, Tesco Clubcard challenges £89.90, Misc Sales £321, Airtime £70, Shopmium £53.06, Everup £106.08, Zopa CB £30, Misc survey £10
Make £2024 in 2024 Total £1410 70%Make £2023 in 2023 Total: £2606.33 128.8%0 -
In simple terms - based on what you've said...- You had a sole selling rights agreement with the estate agent from January until July (assuming you gave 21 days written notice to terminate the contract). The exact dates might be important.
- If the buyer was introduced to the property between January and July - you owe the estate agent their fee
- If the buyer was introduced to the property after July - you don't owe the estate agent their fee
There might be an argument about the definition of "introduced" - maybe it's the first date that you spoke with the buyer about the property.
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yes, but in the contract they talk about "termination" of contract no expiry...Onehouseowner said:
The EA confirmed the contract expired in JulyDE_612183 said:when you say the contract expired 2 months ago - did you write to them to terminate?
looks like it's a rolling contract, so the initial period may have passed, but you still need to terminate.
you need to make sure the two terms are the same as far as the EA's are concerned.0
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