Estate Agent Query

MadMonkey

Hi - We gave our EA 2 weeks notice approx 8 weeks ago and instructed a new EA to market our property.

2 days before the notice period ends we accepted an offer on our house.

This buyers buyer has just pulled out and they are desperately looking for another buyer to "fix" the bottom of the chain.

I told EA I would wait for the chain to fix yet they have range me twice in the last week asking if I want to go in the paper e.t.c and today rang to ask if I wanted a viewing.

Now I am actually waiting to see what happens with our buyers house so am not marketing our house but if we accepted a viewing off the sacked EA and they sold it surely we would not have to pay as we have not contract with them ?:rotfl:

Also where do we stand with the EA who were due to start marketing ? I we do need to re-sell do we have to go with them or would the contract have become void when we sold with the other EA ?

At the moment I don't want to be nasty to them as we need the chain mending so I have not mentioned the fact that they are not actually our agents any more:rolleyes:

The most annoying thing is that when we did not have a buyer they never put this much effort in:cool:

Doozergirl

You need to market your house again. It's not clever to leave your fate in someone else's hands, regardless of their intentions. Fine if they find a buyer, not good at all otherwise.

Of course your original agent will need paying for introducing a buyer regardless of when they were introduced. A contract will be implied by allowing them to market for you, even discounting the contract you have already signed.

You should probably chat to the new agent. Obviously if the original sale rekindles itself then your original agent will need paying and they would have to be aware of that even if they were to start marketing again for you. I'd probably tell them that you are tentatively marketing with a view to rekindling your sale, hence you will not be using them. Giving them no opportunity to sell the house for you gives them no opportunity to find a buyer.

Mr_Mancuniar

Hi Mad Monkey,

Have you considered selling your house yourself and not going through an estate agent at all?

I have recently set up a website that helps people sell thier property privately without the need to go through an agent, so there is no commission and no contract.

I am currently trying to build up a database of properties so you can advertise both houses on there for free if you like. Your advert will also appear on the major property portals such as fish 4 homes.

If you are interested in getting on there for free give me a call on 07882970399 or have a look at the site at http://thebigmoveonline.co.uk, there is also info and FAQs about selling privately on there fo you to have a look at.

I hope this is of help to you.

Gary

Jorgan_2

From what you have posted, the contract with the first agent has finished & the second agent has a signed contract to market your property. I wouldn't advise letting the first agent conduct anymore viewings or advertise the property.

Richard_Webster

OP has to be careful because if the second agent "has negotiations" with the original buyer then he will claim commission as well as the first agent. You will have to be careful that the second agent agrees that he will not be liable for any commission for anything to do with the present buyer or anyone else introduced to the property by the first agent and you should say to the first agent that he should carry on with the negotiations with present buyer and if that goes ahead then fine, you' pay him, but you are changing agents and you want a list of anyone else first agent thinks he has introduced so that second agent can agree not to claim commission in respect of them but send them back to the first agent.

chickmug

Richard_Webster wrote: »

OP has to be careful because if the second agent "has negotiations" with the original buyer then he will claim commission as well as the first agent. You will have to be careful that the second agent agrees that he will not be liable for any commission for anything to do with the present buyer or anyone else introduced to the property by the first agent and you should say to the first agent that he should carry on with the negotiations with present buyer and if that goes ahead then fine, you' pay him, but you are changing agents and you want a list of anyone else first agent thinks he has introduced so that second agent can agree not to claim commission in respect of them but send them back to the first agent.

Good advice but also bear in mind that if both agents are members of the NAEA they will need to follow codes of conduct which incldue an expectation, in these situations that the agents will come to a sensible agreement on commission rights.