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Original poster

What would you do?

24 replies

bonniej · 01/10/2004 12:21

I've got a bit of a dilemma and really don't know what to do. Well we've had our house on the market with one estate agency. We had an offer through them that fell through, basically I didn't like the way they dealt with the offer and had to do all the chasing myself. After that offer we have had hardly any viewers round and didn't really feel the agency were working hard enough for us so we gave them notice and contacted another agent. The other agent are taking over the selling of my property today, problem is we got an offer last night from a couple that saw the board (the old agents board) outside and knocked on the door. They didn't go through the agent but arranged a viewing with us for last night. The phoned half an hour after they left to make the offer. They are in a good position so we accepted. Trouble is, what do I do about the agents? Strictly speaking it was the first agents board that they saw that made them knock, but I don't want them dealing with the sale, also they are not acting for us from today anyway. Then again, my new agents haven't even printed our brochure yet. Neither know anything about the offer. Do we need to use an estate agent at all??? Help! Thanks for reading, long and boring I know

OP posts:

Twinkie · 01/10/2004 12:24

I don't think it matters if they just see the board, as long as they didn't get your details through the estate agent I would have thought you could just do it as a private sale!!

Maybe as an incentive you could offer to take a bit off the house as you will be saving in Estate Agency fees?? - Just a few hundred quid or something??

Blackduck · 01/10/2004 12:25

No you don't need to use an estate agent if you don't want to....
Personally in your position, as the estate agent knows nothing about the offer (it came direct to from the possible vendor) I'd forget the estate agents and just deal direct!

foxinsocks · 01/10/2004 12:27

have you signed with this new agency? if you check your blurb there is normally something that says that if you get an offer from somewhere else then you still have to pay them a fee (I wouldn't mention it to the old agents!).

Skate · 01/10/2004 12:30

I'd keep quiet to all the EA. You don't need to say anything at all to the old one as they know nothing about it and you've already terminated with them. With regard to the second one, why dont' you just tell them you've changed your mind about selling - it's coming up to winter, you've had a lot of stress over it and decided to take a break till after Xmas.

Then just do it privately - how will they find out??? Unless they see the removal truck they won't know! Agree with others, you could offer a bit off the price for the silence of the buyers .

My Dad did this many moons ago with no problem. You certainly don't want to be paying teh EA for doing bugger all!

Original poster

bonniej · 01/10/2004 12:31

OOh this sounds promising. No, I haven't signed anything with the new agents as yet. Are you sure I wouldn't be committing any crime by doing a private sale as it was the board that drew them in. I don't want to end up in trouble (then again I really wouldn't mind saving a few quid . If we did deal direct, what is our next step? It's the first time I've sold a house. We also need to buy a new one, would that cause problems without an agent?

OP posts:

Skate · 01/10/2004 12:34

The only thing you 'need' an agent for is selling yours so it has no impact on you buying.

If you've not signed with second agent they are no problem at all. You've already terminated with the first one - how will they know you've got a buyer?? How would they know they saw a board?? Even if they did find out you had a buyer (and how would they?), they can't prove they saw their board can they?? Don't worry about it - I think you are fine. Particularly as the buyers didn't go in the EA and get details - the EA wouldn't have a leg to stand on if they tried to get money out of you.

foxinsocks · 01/10/2004 12:35

If the other agent's contract had finished and you haven't signed with the new one, then great! Just cancel the new agent, get yourself a lawyer to sort out the sale and you'll be fine. Just drop a few quid off the price, get the board removed quickly and say they came in after the board was taken down!

Lonelymum · 01/10/2004 12:35

Your next step if you choose to proceed is to choose a solicitor to act for you and to ask the people buying the house to give you the details of their solicitor to pass on to yours.
I am not sure you are on entirely safe ground doing this privately but if you have not signed up with the new agents yet, the only people you have to worry about are the original agents.

Original poster

bonniej · 01/10/2004 13:03

Just spoken to dh and told him the wise mumsnetters advised to do it without the agents. He's agreed so we're going to ring our buyers and offer them a reduction on the price and swap solicitors details. The only thing is won't my solicitors think it a bit odd that we haven't got an estate agent?

OP posts:

Blackduck · 01/10/2004 13:12

Why should they? Really once the offer is in the only other bit estate agents usually deal with IMO is access to the house for the valuation.....unless it starts to be about negotiating on the price....

TurnAgainCat · 01/10/2004 13:18

What are your terms and conditions? I am obliged to pay my estate agent a commission if I get an offer as a result of anything they have done (seeing the for sale sign included) even if the buyers are not introduced by the estate agent. If they find out they may come after you for the commission, after all, it is their livelihood.

Original poster

bonniej · 01/10/2004 13:24

Oh no, you've worried me now. I've just searched my file but don't seem to have a copy of their terms and conditions. I don't want to give my buyers a reduction and then end up coughing up the fee after all.

OP posts:

catgirl · 01/10/2004 13:24

we sold two flats and a house privately without estate agents - no probs at all, we spoke directly to our buyers and also dealt with solictors (as you would even with an estate agent). Well done, and good luck!

carla · 01/10/2004 13:29

bonnie, do they have a website with their terms and conditions on it?

Original poster

bonniej · 01/10/2004 13:30

I think I'm going to have nightmares about estate agents chasing me down the road brandishing for sale boards!

OP posts:

Original poster

bonniej · 01/10/2004 13:32

carla, I've just checked but the terms and conditions on the website only relate to using the website, nothing else. It was a good idea though

OP posts:

Blackduck · 01/10/2004 13:34

surely if you had finished with the original agent BEFORE the people came knocking they can't claim the fee. The fact the board was still up is their problem, not yours, the contract was closed.
I have actually removed sale boards from houses I've bought and stored them whilst I have waited (often for at least a week) for someone to pick it up

carla · 01/10/2004 13:35

Get a friend to go in and explain that she's thinkingf of marketing her house and wondered if they could let her have their terms and conditions???

Original poster

bonniej · 01/10/2004 13:35

strictly speaking the contract with the old agent expired yesterday (close of business?) Our offer was received at 8pm yesterday so a bit of a grey area really.

OP posts:

carla · 01/10/2004 13:38

It's the fact that they saw the old agent's board that worries me a bit. You do need those terms and conditions.

Original poster

bonniej · 01/10/2004 13:40

I think I do, carla. I'll get someone to go undercover and pick them up like you suggested think i'll make a decision after reading them. Thank you so much for all you advice

OP posts:

Rowlers · 01/10/2004 13:52

As nice as the suggestion is, I wouldn't offer these buyers any reduction at all at this point.
Why do that?
Keep your head here, as nice as these people may seem, you know nothing about them or how well / quickly this sale will proceed.
They could get a survey and ask for a reduction on the price at a later stage. You'll feel less inclined to give them more money off!
The one thing that an agent is good for is doing the chasing if people start to slacken off.
If you do the sale on your own, you'll have to do the chasing yourself. Remember it's a business deal and a bloody big one at that!
Good luck and hope it all works out.

strawberry · 01/10/2004 13:56

Similar happened to friends of ours. Her sister is lawyer and said doesn't matter that you haven't signed, the courts would make you pay - gentlemen's agreement and all that. Tempting though because they charge so much money for doing very little.

nikkim · 01/10/2004 23:03

I don;t know anything legal about this bonnie but from experience I do now how complicated selling a house is and how estate agents can be good at kicking people up the bum to keep the sale going.

Glad things are moving forward for you at last, is the house in Bispham still available?

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