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Property/DIY

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Original poster

Any experiences with out-of-contract Estate Agents?

14 replies

AuraofDora · 17/10/2013 10:38

I am trying to ascertain whether they would have any right to a fee if they send round viewers when we had cancelled the contract a few weeks earlier?
We did not confirm the viewing but they still sent two sets of people over.

What would happen if an offer resulted from this?

Any experience or advice?

TIA

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Original poster

AuraofDora · 17/10/2013 11:15

anyone?

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Original poster

AuraofDora · 17/10/2013 13:19

Anyone?

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lalalonglegs · 17/10/2013 14:32

Are you now with a different agent? Why do they have keys if you have cancelled the contract?

If you are with another agency then you could be liable for much higher commission if you take an offer using the first agent. The best thing you can do is get the viewing done and if there is an offer, not accept until you have sorted out what commission will be expected from both agencies.

Original poster

AuraofDora · 17/10/2013 14:37

Thanks Lala

We foolishly let the people in, they had came a long way. They seemed to indicate that they like the place and would make an offer.

I wouldn't have thought this would have been negotiable, surely both agents would want top fee?

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lalalonglegs · 17/10/2013 15:03

If you're no longer in a contract, then it is negotiable. I'd wait for an offer and take it from there. They will be more interested in getting some commission than none at all which is what they're looking at if you don't sell or use another agency. Are you with someone else?

PostBellumBugsy · 17/10/2013 15:09

Yes, they may well do. Check your contract. The estate agents in our area all have clauses which state that any offer that comes via them up to 6 months post contract would still incur their fee.

So any potential buyer that they emailed the details to, sent around or had contact with about your house who ended up buying your house up to 6 months post contract would mean that you would have to pay the state agent the fee.

In the estate agents terms that I am currently on with, it says for up to 2 years - but I asked for that to be removed and would only agree for up to 6 months.

Original poster

AuraofDora · 17/10/2013 16:02

Yes, we are now with another agent.

We left them because our sale fell through and their nearby office had been closed down. We thought it would be more sensible to go with a local agent.

Will check contract too, don't think that clause is on it, but best check. Our original contract was for four weeks and then a week to terminate.

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lalalonglegs · 17/10/2013 16:16

If the first agency refuses to negotiate and you are keen to take the offer from their client, how much notice do you have to give to ditch the second agency? That will make life less complicated.

Don't panic until you have a good offer on the table though.

Original poster

AuraofDora · 17/10/2013 17:17

That was what we thought LaLa but DH is concerned as we were under contract to another agent when we allowed the viewing to take place.

He thinks we could be liable for two fees - one to the agency who sent viewer and the other who we were under contract to.

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lalalonglegs · 17/10/2013 18:55

The contract should clear this up: most say something along lines of commission is payable when a sale takes place as a result of an introduction by the agency or of their marketing your property. If you accept an offer it will take several weeks to reach exchange so you can give notice to your current agency (they will provide you with the names of all the people they showed round) and you can exchange once you have past the notice period.

Original poster

AuraofDora · 17/10/2013 20:24

DH confirmed we have an offer, they, out of contract EA rang him this afternoon.

Is it as simple as that LaLa, we had sole agency agreement with one EA, and allowed another EA (out of contract) to send people to view.

EA with offer now want to charge us double our earlier arranged fee. We could possibly manage this but DH is livid and also we could be liable for another fee on top.

What a mess.

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Mintyy · 17/10/2013 20:29

Don't understand why first EA sent viewers to you when you had terminated their contract? And why did you allow them to view - who did you think would pay the EA fee if they made an offer?

If you have cocked up then you need to pay up. But EAs will often negotiate between themselves and split commission for an easy life. The first EA might agree to take a nominal fee if the second EA does the sales chasing.

Original poster

AuraofDora · 17/10/2013 20:35

It is a cock up. We dont know why they sent anyone but they did not accompany them either.
They rang DH and he couldn't talk at work, he told them to send an email. We did not confirm the viewings and assumed that would be the end of it.

Would be good if they would do that, easier all round but they are demanding full fee and DH is now consulting the 1974 Estate Agent act.

I think they cocked up. They said they didn't realise we were out of contract.

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lalalonglegs · 17/10/2013 20:41

Look, just tell them that in view of their ridiculous fees you will not be able to accept this offer. Just because someone has offered doesn't mean you have to accept. If they have any sense, they will start to negotiate with you. Produce the letter/email terminating the contract to show them that you are definitely out of contract and you are not liable for a multi-agency fee.

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