Sole Agency query when 2 agents involved

blimeyted

Hello there.
If a seller is using a Sole Agent, changes agencies to another Sole Agent and then during the 14 day notice period a buyer is introduced by Estate agent#1 and a sale progresses with the SECOND agent AFTER the notice period expires, what would one pay?

Would the first or second agent be paid?

Is the Second agent technically a SOLE agent during the 14 day notice period?

Kind regards and sorry to share the confusion.

Jorgan_2

Just to clarify, the 1st agent introduced a buyer during the 14 day notice period, but the buyer purchases through the second agent, in theory you could have to pay both agents. The 1st agent should be the only agent during the 14 day notice period.

There is a thread posted on here today regarding a case where a judge has ruled it would be the 2nd agent who would get paid, but each case would have to be looked at on its own merits.

blimeyted

If buyer agrees sale with 1st agent INSIDE the 14 day period does that mean the 2nd agent would not have cause to ask for comission.

In this case, the 2nd agent has already been marketing the property despite the 1st agent still being inside their 14 day period. Where would one stand ?

Thanks for your info!

chickmug

blimeyted wrote: »

If buyer agrees sale with 1st agent INSIDE the 14 day period does that mean the 2nd agent would not have cause to ask for comission.

In this case, the 2nd agent has already been marketing the property despite the 1st agent still being inside their 14 day period. Where would one stand ?

Thanks for your info!

If the 2nd agent is a member of the NAEA he has the duty to point out the possible dual liability for commission when you have previously instructed another agent. NAEA Rules of Conduct Rule 7(4). NAEA Code of Practice Rule 2 e.