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Original poster

I am liable to pay two estate agents

14 replies

toolly · 08/01/2008 19:04

In brief. We have our house on the market. We got an offer from a MR X but we turned it down in June. In Novemeber I sacked the estate agent as they weren't sending me anyone and instructed new agents. MR X found our property on the new estate agents website and is still interestd and has made an offer. When I told the first estate agents that I no longer wished for them to market they sent me a letter saying that if anyone they had shown the property subsequently bought it they would be entitled to their fee. Are they. Will I have to pay two lots of estate agents fees?

OP posts:
Twiglett · 08/01/2008 19:10

yes they are

yes you will

loolop · 08/01/2008 19:13

I guess only if they find out!! Not sure how they would find out though.....

Original poster
toolly · 08/01/2008 19:26

I thought this might be so. It seems unfair because the first agents were so rubbish. Unhelpful and difficult to get hold of.

OP posts:
Helennn · 09/01/2008 09:16

As an ex-estate agent, (but long time ago and very rusty!!), first of all the first agents may have been rubbish but it does sound as though they introduced the buyer so they did do something. Check your contract with them and make sure there are no nasty surprises.

Also, suggest you ring estate agents ombudsman, (the agents may not be signed up to the scheme but they should still be able to advise you generally I would have thought). A colleague of mine had this once and it went to court, I think it was found it was the agent who actually brought about a sale rather than just introduced the buyer, so the second agents would get it in this case as the first didn't actually bring the sale about iyswim!

Have a chat with the ombudsman because you really shouldn't have to pay two fees.

As an aside re loolop's comment, we had a property taken off the market and then a while later we saw it had new owners. We 'phoned the old owner's solicitor and they told us that yes it had been sold. We managed to find out the new owners name and it was somebody we had been negotiating with to buy it, (they thought they would avoid our fees by disinstructing us and then dealing direct). We caught up with them and got paid for the job we had done which was quite satisfying!

Best of luck.

prettybird · 09/01/2008 09:29

Out of interest, has Mr X offered more? Did the old estate agents try to get him to offer more or did they just let him walk away?

Original poster
toolly · 09/01/2008 13:31

In June he made (in hindsight) a good offer which we rejected. He has now made a much lower offer £28000 less than his original offer. We already went down £17K when we instucted the new agents.

OP posts:
Original poster
toolly · 09/01/2008 13:34

He's upped his offer by £4K, it's still £12k under the realistic asking price. (estate agent's assurance)
Holding out till we are nearer the asking price.

OP posts:
S101 · 09/01/2008 13:35

You could try to be sneaky and hope that the old estate agents don't find out.

If not you will be entitled to pay the two estate agents their commission.

I don't think you can get around this.

If your current estate agent doesn't want to loose the sale, why don't you show the old letter to them and let them come to some arrangement with the other estate agents.

I am sure agents are desperate for sales at the moment and might reach an agreement between the two.

Original poster
toolly · 09/01/2008 13:35

Thanks Helenn. I shall contact the ombudsman.
MUMSNET IS FAB

OP posts:
LIZS · 09/01/2008 13:37

Potentially yes as they introduced the buyer but there may be a time limit on the clause. As long as he ups his offer by enough to pay the extra fees if needs be at least you won't feel worse off.

Helennn · 09/01/2008 13:54

Lizs - out of interest, do you know of the case where it was found that it was the estate agent who "brought about the sale", ie did the negotiating and agreed a successful sale that was entitled to the fee. I thought this was the actual definition, not who introduced them. I bow to your professional knowledge of course but just wanted to check.

Toolly - if you don't get anywhere with the ombudsman there is also the National Association of Estate Agents, again don't know if your agents are members as it is a volountary body but may be worth a try.

Toothyboy · 09/01/2008 13:59

This happened to us. We got the new Agents to put in writing that if the old Agents found out and chased their commission, they (the new Agents) would waive their commission. This was 2 years ago and nothing has come of it!
So you may be lucky!

LIZS · 09/01/2008 14:07

sorry not a professional opinion! I just remember a similar clause in one of our contracts , and it was timebound

Original poster
toolly · 10/01/2008 11:16

Spoke to the ombudsman and they consider once six months has expired then I will not have to pay the original estate agents. The lady I had the conversation with was unsure whether this was from the offer ( in which case I am clear) or six months from the date I gave the original agents the sack.
Again a big thankyou to everyone who has replied to this thread.

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