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Can I sell a house privately once I've instructed EA?

(14 Posts)
Chocchip88 Thu 20-Oct-11 19:40:11

We put our house on the market about a month ago with a local EA. We've had a few viewings, a couple of too low offers and I am generally happy with how things are going.
A few weeks ago some friends of ours told us they want to buy our house, they put their house on the market and accepted an offer today. They have now made an offer on our house which we are happy to accept if we don't have to pay EA fees. I've checked the EA contract and there is nothing on there about selling privately, it mentions fees if we go with another agent within a certain time frame but that's it.
Can I just take the house off the market and do the sale privately? Are there any downsides to this?
Thanks for any advice!

BridgetBust Thu 20-Oct-11 19:48:40

I believe you can. Your contract should state an amount you have to pay towards the cost of marketing your property if you take it off the market. We had to pay £250. We then sold privately to acquaintances.

Chocchip88 Thu 20-Oct-11 19:51:27

Thanks bridgetbust no mention of a marketing fee, just a multiple agency fee - I am assuming they won't count me as an agent for selling my own house?!

AmberNectarine Thu 20-Oct-11 19:56:50

No as long as you are not selling to buyers whom the EA has introduced (which you're not) you're golden.

Chocchip88 Thu 20-Oct-11 19:58:21

Great news! grin

cowboylover Fri 21-Oct-11 12:28:34

Your all good! They may ask who your buyers are and they should have a list of people who they have shown around and as they won't be there your all clear.

Chocchip88 Fri 21-Oct-11 16:04:45

Thanks everyone. Spoke to EA and they just wanted to ensure we weren't going with another agent and that's it! Now have extra money to spend on the new kitchen smile

Chocchip88 Sat 22-Oct-11 08:24:09

Urgh buyer's solicitor contacted our EA yesterday afternoon to discuss the sale even though our buyer knows it is a private sale. We had already talked to EA that morning to officially take property off market, all fine they just wanted to ensure we weren't going with a different EA. We didn't mention we were doing a private sale, now they know and say we will owe them the full fee. I am hoping they are just calling our bluff, they don't have a leg to stand on do they?

HeidiHole Sat 22-Oct-11 08:53:45

I don't believe they have a leg to stand on

Amaris Sat 22-Oct-11 11:46:34

Have you read the contract with them and passed it through your solicitor if you are not sure? My contract with EA says that I have to pay fees to them if during the period they have sole selling rights I make arrangements to sell the property. That applies even if the buyer is not found directly through them, other than anyone I named on a list of people I had already spoken to about selling. From what I remember this has been standard in contracts each time I've sold my house. It makes sense from the estage agent's point of view I guess, although it might seem unfair to you, because what's to stop someone seeing your house on their advertising and then knocking on your door and speaking to you directly. Even if your solicitor hadn't spoken to them they would have found out about the sale from the land registry information.

sam2cats Sat 22-Oct-11 15:09:21

We sold privately after instructing EA's. We paid some costs towards the marketing but that was it. The buyers knew about the sale before it went to the estate agents though and our estate agent knew that. As your buyers are friends I should think it would be the same situation, but it does depend on your contract.....However, I would be very surprised if you are liable for the full fee considering they have not sold it for you. Let your solicitor have a look at the contract for you, but I really think you will be fine. Good luck!

Sidge Sat 22-Oct-11 15:11:42

We did this last time.

Started marketing it with the EA then our chain fell through, so the people at the top of the chain bought ours at the bottom to complete the chain. As they hadn't been introduced via the EA and hadn't obtained any particulars, seen the board or had a viewing we told the EA we had a private buyer to complete our chain. They didn't charge us any fees.

Sidge Sat 22-Oct-11 15:15:22

Just read full thread.

Read your contract well - they may not have any grounds on which to charge you anything. We've just sold again and have nothing in our contract like Amaris had in his/hers.

Chocchip88 Sat 22-Oct-11 17:17:42

Thanks again everyone. Will certainly get our solicitors to look at the contract. The contract is for sole agency rather than sole seller which is where I think it's different to yours amaris, i know my brother sold a flat to a friend recently after being with an EA but his contract stated that any sale -private or through an agency - within 6 months of them taking it off the market meant he still owed the fee.
Will wait and see now I guess.

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