Estate Agents agreements/contract

HJH07

We have just terminated our agreement with our ea - we need a more aggressive approach to help shift the house - and we have just received a letter from them stating that if someone who has viewed the property while it was on with them buys it within the next 6 months we will still have to pay their fee. The notice period of the agreement was 14 days. There is nothing about 6 months in the original agency agreement.
I do not think that any of the people who have viewed will come forward again but would be interested to know if anyone has experienced anything similar. Are they just being cheeky? So far they have been useless - we are desperate to sell and happy to drop our price but they haven't been very pro active at all - no answer phone even!!!
Thanks

walshster

You are desperate to sell and they are desperate to to earn commission! It sounds like they are trying it on to me, if there is nothing in the agreement stating that they can expect commission up to 6 months after the sale, then legally they don't have any basis for a claim. I wouldn't worry about it.

chickmug

Below is what EA's are bound to under the NAEA rules but I know there have been court cases disputing this and I am sure someone else may post a link.


"You must give up your rights to any commission if a purchaser first introduced by you goes on to buy the propertythrough another agent, in circumstances where that purchaser was introduced by the other agent more than six months after the date your agency ended."

puddy

i thought there was a recent court case with 'foxtons' whereby they tried to claim the commission but their case was dismissed?

HJH07

I have just looked up the Foxton's case and here is the link:
//www.lawgazette.co.uk/inpractice/lawreports/view=details.law?GAZETTEINPRACTICEID=401818

Thank you!

John_Pierpoint

They are just trying to protect their interest in the people they introduced?
If all one had to do was agree with the potential buyer to wait 14 days and then split the saving in commission then we would all do it?