estate agent

smudger1946

Warning.
I had two ESTATE agents (multi) selling home, one showed a lady round 5mths ago approx, lady said to small, other agent showed lady around 5mths later she decided to buy, i had dropped price by £10,000 by then, both agents had the revised price.
I sold through the second agent, now the original agent say i have to pay them there fee £4,600 because they introduced the lady to my home in the first place.
It is in there terms and conditions, which i didnt read, i think this is an unfair t&c.
They are going to pursue unless i pay in 7 days, i dont have that kind of money spare, i have paid the agent who sold property.
Any advice, which way do i jump?
BEWARE COULD SAVE YOU LOADS OF MONEY

darich

it's in the terms and conditions which you've admitted you didn't read.

I think unfortunately, you don't have much option but to pay them what they are due.

jackomdj

I know it is the one that initially intoroduced them to the property, however I assume they have to take it up wiht the 2nd estate agent. In many cases you don't meet the people that estate agents have shown round so how do you know if they have been shown round previously.

Good luck
Nicky

geordie_joe

I wouldn't pay them, they are just trying it on.

The first estate agent may have introduced the lady the first time, but they failed to secure a sale.

Five months later the lady walked into another estate agent and that one secured the sale for you.

I would tell the first estate agent to get lost, and see what they say to that.

I'm pretty sure a judge would think "OK, you had your chance and failed, why should you get paid when five months later a rival steps up and succeeds."

MissEyre

I would call the CAB and ask for their advice on this one-if it's in their Ts and Cs then it could be legally enforceable, but on a common sense basis (as a previous poster has said, most vendors aren't at home when their property is viewed, so how are you to know which agent has shown which person around?) I think you have right on your side.

Hope you get this sorted out!

slipp_digby

Smudger - you signed up to these T&Cs and they are quite common - unfortunately you were in a situation where two agents both have legitimately introduced the person who bought your home. If you had read the T&Cs you could have avoided this situation.

Go back to the original agent and see if you can make a revised payment in view of the circumstances.

Otherwise, if this is a large EA chain I fear they will follow through with their threat and recover the full fees due.

dunstonh

Why is it unfair?

You employed two firms to do some work for you. They disclosed their terms in advance and you agreed to those terms. The charge is not an unfair charge and estate agents do typically take people to court who refuse to pay and do typically win.

Your problem is that you sold the property to the client that the first agent introduced and that is going to be very hard for you to get round.

cheeky_lil_monkey

Is there anything in the contract about "sole agency" or "sole selling rights"?
Am I correct in thinking you were on the market with both agents at the same time, or where you with one before the other?
Was it joint sole agency, or multiple agency?

If you were originally with one, before moving to another / multi agency and they showed the person first, who later bought through the other, then technically you are in breech of contract if you do not pay both of them, however, it may be possible to get them to split the fee.

It really depends what you signed up for.
PLEASE - never trust a contract (esp. from estate agents!) - always read it thorougly and don't sign unless you understand it!